Legal Question in Family Law in Montana

The court ultimately decides. However, if the parents can agree to a temporary guardian, such as the relative who has been caring for the child, one of the parents, both parents, or the relative can draft (with an attorney's guidance) a "stipulated temporary guardianship" naming that person. If the parents can't agree, a relative can file a petition for guardianship or Child Protective Services can files a "child in need of care" petition. Best if the parents can agree to a guardian. The parents can look for pro bono attorneys through the Montana State Bar lawyer referral service. Best to get an attorney's advice to navigate the process.