Developing,Montana,Custody,Sch law Developing a Montana Custody Schedule
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Oneof the more confusing components of making a custody schedule isfinding the laws that effect what goes in your schedule. It may bedifficult to find the laws for your state and to understand how theyimpact your custody schedule. A lot of the time, the laws are notclear and it can be easy to miss and misunderstand importantinformation. To make a Montana custody schedule, you need to know andunderstand the child custody laws. They can be found in Chapter 4 ofTitle 40 in the MontanaCode.Part 2 of Chapter 4 specifically deals with visitation and custodyprovisions. Montana law requires that parents involved in a custodysituation provide a plan to the court about how they will continue toprovide care for their child. This is a parenting plan and it needsto include a residential or custody schedule that specifies when thechild will live with each parent. The schedule must also specifywhere the child will be for family members' birthdays, holidays,vacations, and other special occasions.Tomake a schedule that shows the above information, you can begin bymaking a basic schedule where you split the weekday and weekend time.Some common ways to divide time include:Havingthe child live with one parent during the week and live with theother parent on weekends;Havingthe child live with one parent mostly during the week and thenspending a few overnight or evening visits with the other parent;Theparents alternate weekdays;Theparents alternate weekend time and schedule specific times duringthe week when the child is with each parent; andThechild alternates residences every other week.Youcan make any schedule that works for your child and situation. Onceyou have a basic schedule made, you can make a holiday, vacation andspecial event schedule. In order to do this, make a list of holidaysyou want to include. Go through each holiday and designate thebeginning and end day and time of each holiday. Split the timebetween the parents. You may also include vacation time and specialoccasions in this schedule.Yourchild's needs and best interests should be your number one priorityas you create a schedule. Section 40-4-212 of the Montana Codeexplains some of the factors the court considers when deciding whatis best for the child. As you create a schedule, consider thesefactors that the Montana court considers:Eachparent's and the child's wishes regarding custody and residence;Thechild's interaction and relationship with parents, siblings andanyone else who affects the child;Theadjustment the child has to home, school and community;Thephysical and mental health of everyone involved;Eachparent's ability to provide continued and stable care;Thechild's developmental needs;Whetherthe child has frequent and continuing contact with both parents; andAnyparental history of physical abuse, chemical dependency, failedchild support payments and failed payment of birthing costs.Asyou consider all of the above factors, you can make an effectiveMontana custody schedule. As a parent, you know what is best for youchild and your child custody schedule should reflect that.
Developing,Montana,Custody,Sch