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Although laws vary from state to state, almost all courts determine child custody and visitation schedules based on the child’s best interests. The attorneys at Best & Westover Law in Kalispell, MT, are experienced with helping parents understand the various factors a court will look at when deciding matters of custody and visitation.

Here, they list five factors that could affect child custody or visitation rights:

  • History of Abuse: If either parent has been accused of or physically abused their partner or child, it will have a significant impact on a court’s decision regarding child custody and visitation. Substance abuse, including alcohol and prescription medications, are also factored into these decisions.
  • Each Parent’s Living Situation: If the family home is awarded to one parent in a divorce (rather than being sold), that parent will usually receive primary custody. This eases the transition for the child and maintains a level of continuity in their lives. Generally, parents who live closer together will have more shared custody, as the child experiences less disruption with their education and social lives.
  • Child CustodyChild’s Age: While a judge will rarely base a child custody decision on what the child says they want, it is taken into consideration if the child is over the age of 12. 
  • Parents’ Willingness to Cooperate: Each parent’s willingness to cooperate with one another during and after the divorce will factor into a judge’s decision. Parents are more likely to get favorable child custody and visitation schedules if they show they are willing to cooperate and co-parent.
  • Relationships With Child: The relationship each parent had with the child before the divorce is another consideration. The more involved parent is more likely to get primary custody.

It is important to note that grandparents can also petition the court for visitation rights. Regardless of your role in a case, it is important to work with a family law attorney who understands Montana’s child custody laws. Whether you are currently going through a divorce or are an unmarried parent seeking visitation rights, Best & Westover Law can help. Visit their website to learn more about their experience in family law. Call them today at (406) 752-8731 to schedule a consultation.

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