Montana Dissolution With Children — Custody and Child Support (2026)

Montana courts apply a "best interests of the child" standard under MCA § 40-4-212. A Parenting Plan is required in all Montana dissolutions involving minor children.

Montana Custody Framework

Montana uses the terms "parenting" and "Parenting Plan" rather than "custody" and "visitation."

Decision-Making Responsibility

• Joint decision-making: Both parents share major decisions — preferred in Montana when cooperation is possible
• Sole decision-making: One parent has final authority — when cooperation is impossible or domestic violence is present

Parenting Time (Physical Custody)

• Primary parenting time: Child primarily lives with one parent
• Shared parenting time: Substantial time with each parent

Best Interests of the Child — Montana Factors (MCA § 40-4-212)

Montana courts consider all relevant factors:

1. Wishes of the parents
2. Wishes of the child (if of sufficient age and maturity)
3. Interaction of the child with each parent, siblings, and significant others
4. Child's adjustment to home, school, and community
5. Mental and physical health of all parties
6. Physical abuse or threat of abuse by one parent to the child or parent
7. Chemical dependency or chemical abuse of either parent
8. Continuity and stability of care
9. Each parent's ability to provide ongoing care
10. Any other relevant factor

Domestic violence: MCA § 40-4-219 — a rebuttable presumption against sole or joint parenting with a parent who has committed domestic violence.

Parenting Plan — Required

A comprehensive Parenting Plan must be submitted with the Petition or at least before finalization. It must address:

• Decision-making responsibility (joint or sole)
• Primary parenting time residence
• Regular parenting schedule (weekly pattern)
• Holiday and vacation schedule
• Healthcare decision-making
• Educational decisions and information sharing
• Transportation and exchange
• Communication protocols between parents
• Relocation provisions
• Dispute resolution (mediation first)

Montana courts may also require a Parenting Plan addendum specifying a communication schedule between the child and each parent.

Montana Child Support — Income Shares (MCA § 40-5-209)

Montana uses an income shares model:

1. Determine both parents' gross monthly income
2. Apply standard deductions (taxes, FICA, other support, health insurance)
3. Use Montana Child Support Schedule (combined income × percentage by number of children)
4. Allocate proportionally by income share
5. Adjust for health insurance, work-related childcare, and parenting time credits

Duration: Montana child support ends when the child turns 18 or graduates from high school (whichever is later, not to exceed age 19).

Income Withholding Order: Routinely issued with every support order.

Last reviewed: March 2026 | MCA § 40-4-212 best interests | Parenting Plan required | Joint decision-making preferred | Income shares child support (MCA § 40-5-209) | Support ends at 18/HS graduation | Domestic violence presumption (MCA § 40-4-219) | courts.mt.gov/Self_Help/Family_Law

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.