Legal Question in Family Law in Montana

Re: Custody

Discuss with your attorney the possibility of filing a motion for an interim parenting schedule. Having a court-ordered interim parenting schedule will create definite and enforceable times for each parent's time with the child, and should include details such as dates, pick up and return times, telephone contact, returning items that go with the child, etc. Also address who transports the child. Typically where I practice, the "receiving" parent picks up the child.

As your attorney has probably advised you, a parent's failure to pay child support does not mean the parent cannot have parenting time. They are separate issues. However, failure to pay when the parent is able to pay support is considered "not in the child's best interest."

Regarding the emotional/mental abuse: I assume this includes abusive language. Many people don't realize that they can simply hang up, or close the door, or turn and leave. While parents do need to communicate regarding the children, neither parent has to tolerate abusive language or abusive behavior. This can be addressed in parenting plans, restricting the times and ways the abusive parent can communicate with you. Easiest way is in writing -- you have a record of what the person said, you do not have to listen to abusive language and neither does your child have to overhear it, and you can respond in calm moments.

Talk to your attorney about your concerns.