Laws pertaining to family is the field of law that addresses issues related to the family relationship. Child custody, divorce along with child support child visitation are among the most popular subjects in family law. The issues of these are frequent in Montana However, Montana has specific issues which make family law unique from other states. An experienced Montana family lawyer will help you with these challenges so that you can get the most favorable outcome for yourself as well as your kids.
Divorce in Montana
The divorce process is the ending of the marriage. Many times divorces can be friendly and spouses are able to divorce without much conflict. But, there are divorces that can be highly litigious. Questions like spousal support and child custody or child support may cause a split between ex-spouses.
Montana is special in that many of the lawful family rules similar to those in other states regarding divorce are not applicable in Montana. In particular, Montana does not have any “cooling off” periodlike many other states. The majority of states mandate that divorced couples undergo a specific length of time before making a divorce application. However, in Montana however, there’s no time limit for filing. Montana is also one of the states that is a “no blame” divorce law state. In Montana there is no required for spouses to demonstrate that the other partner was “at blame” to cause the break-up of the union.
Child Custody in Montana
Child custody determines the rights and obligations of parents. Although paternity decides who is the parent but child custody is the scope of parental rights. The parent who has physical custody can care for their child on a daily to every day basis. The legal custody of a parent is one who can be a part of making decision for their child. This includes which church or school to visit or which medical services the child might get.
In Montana the parents are required to develop an Parenting Plan which outlines how the child will be housed as well as the amount of time that the child will be spending with each parent and what decisions will be taken regarding the child. If parents do not reach an agreement on certain issues and the judge must determine a decision in the best interest of their child. The parenting plan may be filed following the filing of a divorce or on its own if the parents are not married. An experienced lawyer for family law can assist in the negotiation of the details of a Parenting Plan and present any important details that are not negotiable in an affluent family judge.
Child Support for Montana
Child support is a payment made of a non-custodial parent in order for expenses of their children. It is usually paid until the child is 18 and enters the military, becomes legally emancipated or gets married, or is emancipated, depending on the first. Child support typically is given upon the ending of marriage or upon the recognition of paternity. Montana has its own list of guidelines for child support. But, the decision to overturn Roe v. Wade has led to the creation to amend the Unborn Child Support Act, that would permit a judge to grant child support when the baby is in the womb , and retrospectively from the moment of conception.
Children’s Visitation and Care in Montana
Montana does not use the words “custody” and “visitation.” However, instead it uses terms “parenting” to convey the notion that both parents have a role in the child’s development. The arrangements for parenting are typically created so that children is able to have the time of both parents. The typical arrangement involves the child having a weekday with one parent and weekends with another or alternating holidays between both parents. If both parents cannot come to an agreement regarding a schedule for visits the court will make an alternative.
Do I need to hire an attorney for my family in Montana?
If you’ve encountered an issues that is related to family law make sure you consult a competent family lawyer from Montana right now. The lawyer will review the situation, discuss what laws could affect the resolution of your case and provide options to solve the issues. Furthermore, your lawyer will help you collect evidence and documents for the court, if required. They can also represent your interests during court proceedings. A competent family lawyer can assist you with your queries, offer assistance with your case and advocate for your best interests when in courts.