Sorry, you said that...and I'm so used to tallking to folks in the same circumstance with two parenets I assumed both parents.
Since he is NOT the parent there is NO way the court will give him custody. Seriously...the child can not divorce the parent. They can aske to be emancipated....perhaps he is discussing this. Its possible in MT if the Child is 16 or older but only if the child can show
(a) that limited emancipation
is in the youth's best interests;
(b) that the youth desires limited emancipation;
(c) that there exists no public interest compelling denial of limited emancipation;
(d) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;
(e) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;
(f) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and
(g) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.
From your description, I do not think the child will be able to get emancipated.