Parenting Plans
MCA 40-4-212 — the best interest of the child, and frequent and continuing contact with both parents unless it would harm the child
The court sets the parenting plan by the best interest of the child, considering every relevant factor.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- The wishes of the parents and of the child.
- The child's relationships with parents and siblings, and adjustment to home, school and community.
- The mental and physical health of everyone involved, and any chemical dependency.
- Physical abuse or threats by one parent against the other or the child.
- Continuity and stability of care, and the child's developmental needs.
Frequent and continuing contact with both parents is in the child's best interest unless the court finds, after a hearing, that contact with a parent would be harmful. A parent who knowingly fails to pay support the parent can afford weighs against that parent.
Sources for this section (1)
- MCA 40-4-212 — Best interest of child
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.