Joint vs. Sole Custody in Montana: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

Montana names no presumption of joint custody or equal time in the sections we read. The court sets the parenting plan on thirteen best-interest factors, and frequent contact with both parents is considered to serve the child.

Is joint custody presumed in Montana?

Not in the sections we read. The court determines the parenting plan in accordance with the best interest of the child, considering all relevant parenting factors, and a final parenting plan may allocate parenting functions between the parents (MCA 40-4-212(1); 40-4-234). A de facto parenting arrangement before any decree does not require the parents to prove the amendment factors (40-4-212(3)).

What are the best-interest factors in Montana?

The wishes of the parents and of the child; the child’s interaction with parents, siblings and others; the child’s adjustment to home, school and community; the mental and physical health of everyone involved; physical abuse or threat of it by one parent against the other parent or the child; chemical dependency or abuse by either parent; continuity and stability of care; the child’s developmental needs; whether a parent has knowingly failed to pay birth-related costs or child support they can pay; whether the child has frequent and continuing contact with both parents; and adverse effects of continuous and vexatious amendment actions (40-4-212(1)(a)-(m)).

Is contact with both parents favored in Montana?

Yes. Whether the child has frequent and continuing contact with both parents is considered to be in the child’s best interests unless the court determines after a hearing that contact with a parent would be detrimental, considering evidence of abuse and the convictions listed in section 40-4-219(8)(b) (40-4-212(1)(l)).

Does military service count against a parent in Montana?

No. The court may not determine the child’s best interest based only on the parent’s military service, and may not disapprove a parenting plan only because of it (40-4-212(2); 40-4-234(3)).

How is a parenting plan changed later in Montana?

The court may amend a prior plan if facts have arisen since, or were unknown to the court, showing a change in the circumstances of the child and that the amendment is necessary to serve the child’s best interest; it considers whether the parents agree, whether the child is 14 or older and wants the change, and whether one parent has willfully refused contact (40-4-219(1)).

What are vexatious amendment actions in Montana?

The statute presumes, unless contrary to the child’s best interest, that a parenting plan action brought within six months after a child support action against that parent is vexatious, and that a motion to amend is vexatious if the parent has not made a good faith effort to comply with the plan or its dispute resolution terms (40-4-212(4)); fees must be assessed for frivolous or repeated amendments that harass (40-4-219(5)).

Does a parent designated custodian have more rights in Montana?

No. A parent may be designated custodian solely for statutes that require a designation, and the designation may not affect either parent’s rights and responsibilities under the plan (40-4-234(2)(a)).

How does custody connect to support in Montana?

The parenting plan’s residential schedule sets the days that child support uses. Count your schedule with the Montana parenting time calculator and run the Montana child support calculator.

Frequently asked questions

Official sources

• MCA 40-4-212: best interest of child
• MCA 40-4-234: final parenting plan criteria
• MCA 40-4-217: notice of intent to move
• MCA 40-4-219: amendment of parenting plan
• Montana Child Support Guidelines: ARM 37.62.101 to 37.62.148

This is general information, not legal advice. It is based on the cited Montana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Montana attorney.