Developing a Montana Custody Schedule

One of the more confusing components of making a custody schedule is finding the laws that effect what goes in your schedule. It may be difficult to find the laws for your state and to understand how they impact your custody schedule. A lot of the time, the laws are not clear and it can be easy to miss and misunderstand important information. To make a Montana custody schedule, you need to know and understand the child custody laws. They can be found in Chapter 4 of Title 40 in the Montana Code. Part 2 of Chapter 4 specifically deals with visitation and custody provisions. Montana law requires that parents involved in a custody situation provide a plan to the court about how they will continue to provide care for their child. This is a parenting plan and it needs to include a residential or custody schedule that specifies when the child will live with each parent. The schedule must also specify where the child will be for family members' birthdays, holidays, vacations, and other special occasions.

To make a schedule that shows the above information, you can begin by making a basic schedule where you split the weekday and weekend time. Some common ways to divide time include:

• Having the child live with one parent during the week and live with the other parent on weekends;

• Having the child live with one parent mostly during the week and then spending a few overnight or evening visits with the other parent;

• The parents alternate weekdays;

• The parents alternate weekend time and schedule specific times during the week when the child is with each parent; and

• The child alternates residences every other week.

You can make any schedule that works for your child and situation. Once you have a basic schedule made, you can make a holiday, vacation and special event schedule. In order to do this, make a list of holidays you want to include. Go through each holiday and designate the beginning and end day and time of each holiday. Split the time between the parents. You may also include vacation time and special occasions in this schedule.

Your child's needs and best interests should be your number one priority as you create a schedule. Section 40-4-212 of the Montana Code explains some of the factors the court considers when deciding what is best for the child. As you create a schedule, consider these factors that the Montana court considers:

• Each parent's and the child's wishes regarding custody and residence;

• The child's interaction and relationship with parents, siblings and anyone else who affects the child;

• The adjustment the child has to home, school and community;

• The physical and mental health of everyone involved;

• Each parent's ability to provide continued and stable care;

• The child's developmental needs;

• Whether the child has frequent and continuing contact with both parents; and

• Any parental history of physical abuse, chemical dependency, failed child support payments and failed payment of birthing costs.

As you consider all of the above factors, you can make an effective Montana custody schedule. As a parent, you know what is best for you child and your child custody schedule should reflect that.