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Montana Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Montana on
Q: My ex-wife is allowing our daughter to miss more than 10 days of school per year. Would we have a case to take her?

My ex-wife is constantly allowing our daughter to miss school or show up to school late. We have reached out to the school and they claim it's not excessive although she's missed a minimum of 4 days of school per quarter on her time (we have week on, week off custody). She asks our 7 year... View More

1 Answer | Asked in Civil Litigation, Elder Law, Criminal Law and Family Law for Montana on
Q: My younger sister has been stealing money from my moms account. Do we call police or hire a lawyer?

Nothing to add

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where your younger sister has been stealing money from your mom's account, you have a few options to consider. It's important to weigh the circumstances and potential consequences before deciding on a course of action.

One option is to report the theft to the local...
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1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Montana on
Q: Wife convicted attempted homicide two shots lever action gun hit once in stomach. Stems from asking for divorce civil

Suit what can it recover. Spent ridiculous amount on divorce already with no end. Wife is in Billings Montana prison. Had a prenup all retirement funds are froze need help

James L. Arrasmith
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answered on Oct 15, 2023

In cases of personal injury stemming from a criminal act, you may pursue a civil suit for damages. This can include compensation for medical expenses, pain and suffering, lost wages, and any other losses directly related to the incident.

With regards to the divorce, while the prenuptial...
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1 Answer | Asked in Divorce, Appeals / Appellate Law and Family Law for Montana on
Q: What does it mean to "move the Court to Dismiss the appeal and remand to District Court'?

Council for the Appellee is filling an Unopposed Motion to Dismiss Appeal. That is a form I as the Appellant planned to file. I am unsure of her wording.

T. Augustus Claus
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answered on Aug 30, 2023

"Moving the Court to Dismiss the appeal and remand to District Court" essentially means that the party (in this case, the Appellee) is requesting the court to end the appellate process and send the case back to the lower-level District Court for further consideration or action. This... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Montana on
Q: Can both parents waive child support in Montana
T. Augustus Claus
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answered on Aug 4, 2023

In Montana, child support is typically ordered by the court to ensure that both parents financially contribute to the upbringing and care of their child. Child support is considered the right of the child, not the parent, and both parents have a legal obligation to support their child financially.... View More

1 Answer | Asked in Divorce and Family Law for Montana on
Q: I’m in Montana. Recently divorced. How long does my ex have to collect property awarded

I have text an left a 30 day note in property he’s looked through.

T. Augustus Claus
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answered on Jul 17, 2023

In Montana, the specific timeframe for your ex to collect the awarded property may depend on various factors, including the terms outlined in your divorce decree or settlement agreement. These documents typically specify a deadline or a timeframe within which your ex must collect their awarded... View More

2 Answers | Asked in Child Custody, Family Law and Immigration Law for Montana on
Q: if the mother of my child is a non citizen, but does have a social, can she take my child and move away??

she has never applied for or is a citizen and she wants to leave the county and/or country with our child. I tried helping her with citizenship and she refused. Now she wants to take my child away for a 3rd time now and just leave with her. She has no citizenship but has been employed for her adult... View More

Agnes Jury
Agnes Jury
answered on Apr 27, 2021

Whether your permission is needed for the child to travel internationally depends on whether you are on the child's birth certificate and have custody, as well as what the airline and country of destination regulations are. A family law attorney may be able to get an order forbidding removal... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Federal Crimes for Montana on
Q: Convicted felon rights

Can a convicted federal felon for a drug offense gain custody over a law abiding citizen

Gary Kollin
Gary Kollin
answered on Nov 5, 2019

our question does not make sense

2 Answers | Asked in Criminal Law, Family Law and Arbitration / Mediation Law for Montana on
Q: I am trying to find a lawyer no one is responding What can I do to get someone on board
Gary Kollin
Gary Kollin
answered on Aug 15, 2019

How are trying to contact one?

Through s posting here?

You need to contact attorneys directly and individually

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1 Answer | Asked in Family Law for Montana on
Q: We got a legal divorce six years ago that was simply a financial move, but we stayed together.

Now we are actually divorcing. The only thing we share is the house. He doesn't want to sell it and I don't want him to have it, even if he pays me 1/2 the value. We own it as tenants in common. We were unable to settle with a mediator. Will the court force him to sell or will they make... View More

Mark Anderson
Mark Anderson
answered on Mar 8, 2016

You are better off to work it out in mediation. The court might order a sale if the property cannot be divided. At least in mediation, you know what you will get.

1 Answer | Asked in Family Law for Montana on
Q: Do I have less rights to my children if I gave them their father - boyfriend - his last name?

He promised me we would be married when our son was born and that has not happened. I am pregnant currently with another child and he is the father, and he is threatening to leave and take the children with him. what are my rights? what should I do? I have MS and he is using that against me saying... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 14, 2015

Whether or not they have his surname has very little, if anything to do with what parental rights you have. The fact that you have MS may have some bearing, but not very much, probably.

1 Answer | Asked in Family Law for Montana on
Q: If the parenting plan has been vacated, then the custodial parent wants to reinstate the original plan, can he?

The children's father was originally awarded primary custody, the for about a year we've been doing 50/50, now he wants to go back to the original plan. Can he do this?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

You have to follow the court order. Get an attorney on your side swiftly.

1 Answer | Asked in Family Law and Public Benefits for Montana on
Q: Can My spouse collect Alamony without it changing her SSDI
Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

Yes, SSDI is not tied to resource availability. If your wife were receiving SSI the alimony would count as a resource and likely disqualify her from receiving benefits.

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