How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask max713 Your Own Question
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1893
Experience:  I am responsive, respectful, and relentless.
68040893
Type Your Family Law Question Here...
max713 is online now
A new question is answered every 9 seconds
Family Law

1. In Montana, at what age can a child choose which parent

1. In Montana, at... Show More
1. In Montana, at what age can a child choose which parent he/she wants to live with?
2. If the mother has been kicked out of her home and so her and the kids are homeless,
but the dad has a good job and stable home life, can he ask for the children to come
live with him with out having to go back to court if the mother is drinking every single
day and the mother is using the child support money to drink with.
Submitted: 4 years ago.
Category: Family Law
Show Less
Ask Your Own Family Law Question
replied 4 years ago.

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.

max713 :

The child cannot choose on his or her own to be with a certain parent.

max713 :

However, a parent can request a change of custody based on a change of custody (which includes parental inability, which includes a parent becoming homeless).

max713 :

You must motion the court first, though. You cannot decide this on your own, until the court orders that you may have full custody.

max713 :

You do have good cause to get full custody though - if you motion the court.

max713 :

Does that make sense?

JACUSTOMER-upbwegwz- :

Isn't age 12 or 14 an age in Montana when a child can decide which parent they want

JACUSTOMER-upbwegwz- :

to live with?

max713 :

There is a common misconception that there is some magical age in Montana by which a child can decide which parent to live with.

max713 :

It is based on the best interests of the child, which the child cannot him or herself decide until he or she reaches the age of majority.

max713 :

This is a breakdown of the relevant laws: http://www.helpyourselfdivorce.com/montana-divorce-information/montana-child-custody-laws/

max713 :

No child under 18 can unilaterally decide which parent to live with.

max713 :

Does that make sense?