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Montana Child Custody Questions & Answers
Q: Do I have 21 days to respond to a parenting plan amendment motion from service or submission date?
I live in Montana, Flathead County. The mother of my child submitted a motion to amend the parenting plan to gain primary custody and relocate our child to her city, which is 9 hours away. I've not been served any paperwork yet, but I confirmed with the court that it was officially submitted.... View More 
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James L. Arrasmith
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answered on Sep 12, 2025
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answered on Sep 12, 2025
In Montana, the timeline to respond to a motion generally begins **from the date you are properly served**, not from when the motion is submitted to the court. If you haven’t been personally served yet, the 21-day response period usually hasn’t started. Courts require that you receive notice so... View More
Q: Father seeks legal advice on enforcing visitation rights established by Montana court orders violated by children's mother.
In 2004, the children's mother moved to another state while the father was incarcerated. Court orders for visitation were established in Montana in 2010 and 2011, despite existing orders for visitation in Utah. Visitation was to occur in Montana, while the father resided in Utah. The mother... View More
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James L. Arrasmith
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answered on Aug 31, 2025
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answered on Aug 31, 2025
It sounds like you’ve been carrying this for a long time, and it’s understandable to feel uncertain about where to start. The visitation orders from Montana and Utah are still legally binding until modified by a court, and a parent cannot simply ignore them without consequences. If the mother... View More
Q: Seeking sole custody due to father's manipulation in Montana.
I am seeking sole custody of my children due to their father's manipulation. My 16-year-old son feels pressured to stay with his father, who uses emotional dependency as a tactic. My daughter, currently living with me, returns from visits sad and confused, showing signs of manipulation, such... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
In Montana, custody decisions are based on what the court believes is in the best interests of the child. Emotional manipulation, especially when it causes distress, confusion, or emotional withdrawal in a child, can be taken seriously by the court. Since you have documented some of the... View More
Q: How can I legally change visitation with abusive dad in Montana?
I'm 16 years old and want to legally change the visitation arrangement with my dad. There is a current visitation arrangement between my mom and dad. My dad has been physically abusive in the past and is still emotionally abusive to me, violating my physical boundaries. My mom and brother have... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
You have the right to be safe, heard, and protected, especially when it comes to family matters that affect your emotional and physical well-being. If your current visitation arrangement is putting you in harm’s way, the first step is to speak with your mother about filing a motion in family... View More
Q: Do I need to provide evidence against proposed parenting plan amendments?
I have a court hearing tomorrow concerning my parenting plan, and I'm representing myself. For the past 9 years, the current schedule allows my children to see me 4 days a week. The other party is proposing amendments to reduce my time with my children to every other weekend, which I believe... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
Yes, you absolutely should bring any evidence you have to support your position. The court's main concern is always the best interest of the children, and even though the judge plans to speak with them, your ability to present clear, organized facts can strongly influence the outcome. Evidence... View More
Q: I need assistance with a guardianship matter regarding one of my daughter's.
An order to modify the Guardianship is requested because several factors have brought light to new details surrounding the matter, and these new details have arisen many concerns. Recent discovery has revealed the Guardianship currently held by MRS. CDH, over my daughter, CLW, was appointed through... View More
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James L. Arrasmith
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answered on Jul 27, 2024
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answered on Jul 27, 2024
It sounds like you are facing a challenging situation with your daughter's guardianship. To address these issues, you need to gather all the evidence of the fraudulent activities committed by Mrs. CDH. This includes any forged documents, false statements, and proof of your true residence and... View More
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
answered on Apr 27, 2021
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
Q: Convicted felon rights
Can a convicted federal felon for a drug offense gain custody over a law abiding citizen
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