Montana Parenting Plans & Custody Agreements - Laws in the Montana Code & the Child's Best Interest

Section 40 of Title 4 in the Montana Code contains theboth agree on and that works for the child. The older
state laws concerning child custody. Within this sectionthe child is, the more weight is given to their opinion.
of law, the state makes it very plain that all custody2. The child's adjustment to home, school, and
decisions must be made with the best interest of thecommunity. Title 4-212 also says that children generally
child in mind. This is especially important for parents todo best in an environment of stability. This extends to
remember as they create a custody agreement. Thethe school and community environment. A custody
agreement must fulfill the needs of the child andagreement needs to be made that allows the child to
promote the best welfare of the child. To help parentscontinue participation in school and community events.
focus on this, the law contains a list of factors thatThe child should have the same opportunities as
parents must consider when making the parenting plan.before the parents separated.
These are factors that affect the best interest of the3. Continuity and stability of care. Again, the state
child. Here are a few of the factors in the law thatwants the children to have a consistent and stable
affect the child's best interest.environment. A parenting plan should be made to
1. The wishes of the parents and the child. Section 40,provide this for the child. There should be a continuing
Title 4-212 says that the state will consider the wishescustody and visitation schedule that the child knows
of the parents and the children when making decisionsabout, and the child should live in a stable home. The
about the parenting plan. Both parents have an equalstate does not look favorably on continuous changes
say in what goes into the plan, and both parents areto the parenting plan.
encouraged to work together to make a plan they