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Legal Information: Montana

Custody

Updated: 
May 1, 2019

Can a parent who committed violence get custody or visitation?

While the judge will consider any evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child,1 it is possible that a parent who has committed violence will get custody or visitation since this is only one of many factors that a judge will consider.

It is recommended that you seek legal advice from a lawyer to assist you in a custody/visitation (parenting plan) case involving domestic violence issues. For information on how to find a lawyer, see our MT Finding a Lawyer page.

1 R.C.M. § 40-4-212(1)(f)