Domestic Violence and Montana Family Court
How Montana family courts may consider domestic violence during custody decisions.
Understanding Custody and Parenting Time in Domestic Violence Situations
Custody and Parenting Time Basics
Custody refers to the legal rights and responsibilities a person has regarding their child. Parenting time (sometimes called visitation) means the schedule for when a parent spends time with their child.
There are different types of custody arrangements, including sole custody, joint custody, physical custody, and legal custody. Each arrangement defines who makes decisions for the child and how time is shared.
Raising Domestic Violence Concerns
If a person involved in custody or parenting time has a history or allegations of domestic violence, these concerns can be brought to the attention of the court. The court considers all information about the safety and well-being of the child and parents when making decisions.
When raising these concerns, it is important to provide clear and relevant information without needing to share extensive personal details. Courts may require documentation or evaluations to assess the situation.
Child Safety Considerations
The primary focus in custody and parenting time decisions is the best interest and safety of the child. If there is concern about a child's safety, the court may limit or modify parenting time or custody.
Safety plans and supervised parenting time may be considered to help protect the child during interactions. The court may also involve child protective services or counselors to support the child's well-being.
Interplay with Orders of Protection
Orders of protection can affect custody and parenting time arrangements. A protective order may restrict contact between the parties, which can include limitations on parenting time.
The court will review any existing orders of protection when making custody decisions. Sometimes, custody orders and protection orders work together to ensure safety while allowing parenting time in a managed way.