Legal Question in Family Law in Montana
If i got charged for partner family member assault against my wife and my 11 month old child was in hearing distance of the situation. can they refuse me the right to see my child for 6months until after the trial?
1 Answer from Attorneys
The answer depends on a lot of things. First, it depends on who "they" is. The police charged you, but they can't legally refuse you the right to see your child unless it's part of your state's statute. The court hears arguments about whether assault occurred and what should happen regarding parenting.
Now, let's assume the court conducted a hearing. You testified, the other parent testified, maybe a witness or a child psychologist gave testimony. Based on the testimony, and what the law says, the court makes a decision. If the court says "no contact until you complete anger management and a parenting course," then that can be a reasonable judgment.
If you want a more specific answer, you're probably going to hire a lawyer to investigate all the factors that lead to the court's ruling.