MT custody

Based on 2021 changes to the law, we did the following:

• In our Montana Custody section:
  • Updated How can I change a final custody order? What effect could a criminal conviction have? to explain that a judge must look at how a proposed change will affect the child and must consider the potential impact of the change on the best interest factors.
  • Added information to Can a parent who committed violence get custody or visitation? about how if a custody order is already in place, and the other parent or anyone living with that parent gets convicted of certain violent crimes, you can file an “objection” to the parenting plan to change it.
  • Created a new question called If a parent wants to relocate with the child, what factors will a judge consider? to explain the new factors in the law that a judge must consider. We also created a new question called What steps do I have to take if I want to relocate with my child? and added a related statute to our Selected Montana Statutes page.
• In our Montana Restraining Order section:
  • We added information to Who can file for an order of protection? to explain that if an adult has a guardian, conservator, or agent appointed by the court due to being incapacitated or protected, s/he can file on the adult victim’s behalf.
• In our Montana State Gun Laws section:
  • Added information in English and Spanish to If the abuser has been convicted of a crime, can s/he keep or buy a gun? and I am a victim of domestic violence and the abuser has a gun. Is that legal? about how a conviction for a felony that requires registration with the sexual or violent offender registry prohibits the person from having a firearm. In the same questions, we also better explained how a felony for which someone receives an additional sentence for use of a dangerous weapon disqualifies them by adding the related statute to our Selected Montana Statutes page and hyperlinking to the statute.