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A close friend of mine is in a EXTREMELY heated custody

Hello, a close friend...

Hello, a close friend of mine is in a EXTREMELY heated custody battle in the State of Montana. I am trying to help with some of the legal filings, Tomorrow, we have a hearing to include the review of a new order of protection, and responding to his accusations in his petition for a parenting plan. we applied for a order of protection after learning that a cousin of the mother was sexually abuse as a child ffrom the father. she is coming to court tomorrow. So far we filed several affidavits, motion for order of protection, motion for discovery, the father is currently on parole for child endangerment. is there a list of interrogatories that would be good to ask. or what should we expect?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Montana

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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Answered in 6 minutes by:
9/8/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,909
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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He wants to focus on why custody for him and visitation rights are in t eh child's best interests.That really is the focus of the judge in deciding these matters in Montana law.So focus on showing why keeping him away form his child is bad and giving him custody and visitations is good.

40-4-212. Best interest of child. (1) The court shall determine the parenting plan in accordance with the best interest of the child. The court shall consider all relevant parenting factors, which may include but are not limited to:
(a) the wishes of the child's parent or parents;
(b) the wishes of the child;
(c) the interaction and interrelationship of the child with the child's parent or parents and siblings and with any other person who significantly affects the child's best interest;
(d) the child's adjustment to home, school, and community;
(e) the mental and physical health of all individuals involved;
(f) physical abuse or threat of physical abuse by one parent against the other parent or the child;
(g) chemical dependency, as defined in 53-24-103, or chemical abuse on the part of either parent;
(h) continuity and stability of care;
(i) developmental needs of the child;
(j) whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child's best interests;
(k) whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child's best interests;
(l) whether the child has frequent and continuing contact with both parents, which is considered to be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child's best interests. In making that determination, the court shall consider evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child, including but not limited to whether a parent or other person residing in that parent's household has been convicted of any of the crimes enumerated in 40-4-219(8)(b).
(m) adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.
(2) When determining the best interest of the child of a parent in military service, the court shall consider all relevant parenting factors provided in subsection (1) and may not determine the best interest of the child based only upon the parent's military service.
(3) A de facto parenting arrangement, in the absence of a prior parenting decree, does not require the child's parent or parents to prove the factors set forth in 40-4-219.
(4) The following are rebuttable presumptions and apply unless contrary to the best interest of the child:
(a) A parenting plan action brought by a parent within 6 months after a child support action against that parent is vexatious.
(b) A motion to amend a final parenting plan pursuant to 40-4-219 is vexatious if a parent seeks to amend a final parenting plan without making a good faith effort to comply with the provisions of the parenting plan or with dispute resolution provisions of the final parenting plan.

Cover these elements with his testimony and cross her about these issues and really try to focus on this rather than personalities.It will be successful if he does.

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 11 months ago
We have written affidavits of the father molesting a couple of cousins and filed a Temporary order of protection, and now the judge wants to see us. at the same time when we answe his last response to motion of parenting plan. no he wants full custody of child. what do we do?

Just because he asks for custody here doesn't mean he gets it.Focus on why your affidavits and other evidence show best interest of child is ruling in your favor here.I think you have great facts here in this case.

I will say a little prayer for you and court here.I wish you the best.

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Customer reply replied 11 months ago
what should we expect to do in court tomarrow, and what should we prepare for, as we never been through this before?

She will give a short opening statement, why she should prevail here and why it is in the child's best interests.Then the other side makes one.Each side then calls witnesses.They are allowed to testify then they are cross by other side.When first side rests then other side has witnesses and they get crossed by your side.Judge allows a brief closing thats pretty much the opening restated.

Here the person who files the motion has burden of proof and goes first.

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Customer reply replied 11 months ago
do you know a good attorney in Montana which you could give a good reference to? Maybe even missoula?

Showing results for missoula montana family lawyer
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P. Mars Scott, P.C., Law Offices

3.6 (9) · Family Law Attorney

2920 S Garfield St ·(###) ###-####/p>

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Terry L. Wolfe, Missoula Family Law Attorney

5.0 (1) · Family Law Attorney

#300, 101 E Broadway St ·(###) ###-####/p>

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