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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5766
Experience:  20 years of professional experience
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I just need direction here. need to find information about

Customer Question

i just need direction here. need to find information about montana law regarding court-appointed family counseling where a juvenile (14 yrs. old) and the divorced parents are involved. mother needs to petition the court all by herself for this since she can't afford a lawyer. the judge has told her that she must cite historical precedence cases where this has happened when she petitions the court to order this. (she already tried once.) where is this "historical precedence" information?
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

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THE REASON THE COURT APPEARS TO be asking you for historical precedence is because it probably knows that it does not exist. Under MT law, it appears that there is a way to get court-ordered family counseling before a divorce order is actually signed but not necessarily AFTERWARDS. See the law below:

Montana Code Annotated § 40-4-226.

40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children. (1) In a proceeding for dissolution of marriage involving a minor child or in a parenting plan proceeding involving a minor child, a court shall inform the parties, excluding the minor child, of available educational programs concerning the effects of dissolution of marriage on children and, if the court finds that it would be in the best interest of the minor child, shall order the parties to attend a court-sanctioned program. The program may be divided into sessions. The program must be educational in nature and may not be designed for individual therapy.
(2) The cost of implementing the court-sanctioned educational program for each district court, provided for in subsection (1), must be paid from the fees for filing petitions for contested amendment of a parenting plan, provided for in 25-1-201(9). Costs may include parenting evaluation and guardian ad litem services.

I did not find any historical precedent or case law as it is normally referred to that says the court can order family counseling in MT after the divorce.

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