When it comes to family law proceedings, understanding the various aspects of child custody can seem overwhelming. In Montana, legal and physical custody are two distinct terms that need to be understood in order to ensure a favorable outcome for you and your children.

Legal Custody

Legal custody refers to decision-making authority about major life decisions regarding the child’s health, education, welfare and religion. This can be especially important to fight for if your children have specific medical conditions and the other parent is not able or willing to care for the child’s needs.

Another big factor to consider is school choice. If you are going through a divorce and want to move, the child’s school and how accustomed they are to the community will be a big factor when the court looks at deciding whether the parent requesting to move should be able to take and relocate the children.

Physical Custody

Physical custody relates to who will have actual physical possession of the child on a day-to-day basis. This is typically one of the most contentious portions of a child custody disputes. Depending on the circumstances, the court may award one parent primary physical custody of the child and allow visitation rights to the other parent. However, some of the time, one parent can get awarded sole custody of the child(ren). It is all going to come down to the best interests of the kids.

The amount of time each parent will also have a big input on which parent may have to pay child support. Family law attorneys in Montana should be able to walk you through the ins and outs of the child custody arrangements.

Typically, parents may share both legal and physical custody or they may share only one type of custody arrangement depending on what is best for their situation.

Best Interests of the Child

In determining which parent should receive either legal or physical custody, Montana’s Best Interest of the Child Statute is used by judges in family law proceedings. Judges must observe several factors to determine the best arrangement for the child:

– The wishes of the child, given due weight according to the child’s age and maturity;

– The relationship between each parent or guardian and their child;

– The upbringing and care that each parent or guardian has provided for their children in the past;

– Each parent’s capacity to provide love, affection, approval and guidance;

– The mental and physical health of each parent or guardian;

– Stability, continuity and suitable living arrangements;

– Any history of domestic violence that could harm a minor or affect parental rights.

Do you have to go to Court?

The short answer is, it depends. Most family law attorneys recommend avoiding court if possible and negotiating a child custody agreement with the other parent out of court. However, sometimes, going to court is unavoidable. Child custody disputes can be incredibly emotional and difficult to manage without help from an experienced Bozeman child custody attorney.

Child Support in Montana

In addition to determining child custody, the court will also consider requirements for child support. The Montana Child Support Statute requires that parents must contribute to the financial needs of their children in proportion to their respective incomes.

How much will the payments be?

Generally speaking, the parent that has the child more will be the one receiving child support during the legal process, and the parent that has the kid less will be paying.

What will the court look at?

The judge will review who the custodial parent is, what the parenting plan is, and determine a reasonable or necessary amount taking into account:

1. the financial resources of the child;
2. the financial resources of the parents;
3. the standard of living that the child would have enjoyed had the marriage not been dissolved;
4. the physical and emotional condition of the child and the child’s educational and medical needs;
5. the age of the child;
6. the cost of day care for the child;
7. any parenting plan that is ordered or decided upon; and
8. the needs of any person, other than the child, whom either parent is legally obligated to support.

Child support is one of the many legal issues that must be dealt with during the family law matter where an experienced attorney can help work through the legal situation.

Trying to do it on your own is not the answer

When it comes to family law proceedings, trying to get custody of your children without a Bozeman child custody attorney can be very difficult.

It is important that you have qualified child custody lawyers who understands the complexities of Montana law so they can help guide you through this process and ensure a favorable outcome for all involved. With an experienced Bozeman child custody attorney by your side, you can rest assured knowing you are in good hands and will have an advocate working hard on your behalf throughout the duration of your case.

How we can Help

If you are facing a family law issue in Bozeman, it is important to contact an experienced Bozeman child custody attorney who can help ensure that your case is handled correctly and efficiently. With their assistance, you will be able to navigate the complexities of family law with ease and peace of mind. The attorneys at Bozeman Child Custody attorney can assist you every step of the way and make sure that your rights are protected as well as those of your children. Give us call today to learn more about how we can help. We look forward to hearing from you!

Contact Today for a Free Consultation for your Family Law Matter

Contact us today and let us provide you with the family law services you need to make sure your family law issue is addressed in a timely and effective manner. Our experienced Bozeman child custody law firm will work closely with you, providing personalized attention and advice tailored to your specific needs.

We believe that every family deserves the best representation possible, so contact Bozeman Child Custody Law Firm today for assistance today! With our help, you can be sure your situation is being handled correctly and efficiently! Give us a call now!

We look forward to hearing from you. Give Montana Divorce Law Firm a call today for all of your Bozeman family law matter needs whether that is fighting for joint legal custody or determining who has the kids on holidays! We are happy to answer any questions you may have and provide you with the legal counsel you need. Contact Montana Divorce Law Firm today for your free consultation and let us help ensure that your rights, as well as those of your children, are protected! Give Bozeman Child Custody Lawyer a call now and let us work hard on your behalf throughout the duration of your case. Together, we can make sure that you get the best possible outcome for all involved. Let Bozeman Child Custody Lawyers help protect your rights and those of your children – contact us today!