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Parenting Plan Topics Parenting Schedule. This will determine how your children will divide time between your homes. Holidays and Special Dates. Travel and Vacations. Extended Family and Friends. Schedule Changes. Making Important Decisions. Expenses. Communicating With Kids When Away.
As seen in the list of factors in the previous section, a childs wishes is one of the things a court can consider in making a parenting decision. But its not necessarily given greater weight than any of the other factors. Theres no set age in Montana at which a judge must give consideration to a childs preferences.
Based on the best interests of the child, the court awards either sole or joint custody. Montana child custody laws prohibit the court from determining custody based on presumption rather than considering factors to minimize the emotional impact of divorce. Family courts have jurisdiction over child custody actions.
In Montana, the court system uses parenting plans to determine the custody of minor children, including when and where each parent will be with and responsible for each child. It also includes who is responsible for decision-making and provides for the financial care of the child.
Montana courts prefer to keep both parents equally involved in their childs life as well as with important decisions regarding the childs upbringing. Judges also prefer that both parent meet their responsibilities when it comes to the child by working together and co-parenting.

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To enforce your visitation order and ask the court to hold the other parent in contempt, you must show that you were following the order exactly as it is writtenand the other parent was not following it. Show up at the correct location on the correct date and time stated in your order.
Under Montana law, anyone under the age of 18 is considered a minor. (Montana Code Annotated - Title 41 1-101.) As a minor, a child technically cant refuse to visit with a parent. But remember, virtually every issue that arises in a parent-child relationship is subject to judicial review.
File the original Petition for Contempt, Supporting Affidavit, Order to Show Cause, and Contempt Citation with the Clerk of District Court in the county where your original Parenting Plan was filed, or in the county where you live.
Evidence of physical abuse, or threats of abuse, by one parent against the other parent or child. Substance abuse by a parent. Whether one parent has been convicted of certain violent or sexual crimes. A parents untreated mental health issues that impact the child.
Montana courts prefer to keep both parents equally involved in their childs life as well as with important decisions regarding the childs upbringing. Judges also prefer that both parent meet their responsibilities when it comes to the child by working together and co-parenting.

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