Legal Question in Family Law in Montana

A common belief is that, when a child turns 14, s/he can decide with whom s/he will live. It's not true. No Montana law allows a child to be in charge of parenting issues. To every law, there's a "but ...". Here's the one for residential parenting:

Courts have allowed children as young as five to talk privately with the judge, or the child can speak with the court-appointed Guardian Ad Litem if you have one, on what life is like with each parent. The good thing about talking privately to the judge or the GAL is that no one ever knows what the child said. When the child meets with the judge, only the court reporter and maybe the judge's clerk are present (and the court reporter seals the transcript). The GAL can speak generally about the child's best interests but typically will not relay what the child said.

If your child feels that his or her opinion isn't being heard -- it's not unusual for parents to be locked in a conflict and not hear anything but their argument -- s/he can request to speak with the judge in chambers, and the judge will not reveal the conversation. S/he can speak to the GAL, too.