Legal Question in Family Law in Montana

Re: visitation

Montana law does not provide an age at which minor children can dictate parenting issues.

However, once the children get to be your children's ages, courts can consider their wishes. Children in their teens have a social circle separate from their parents' friends. They don't like to be away from that circle for an entire summer.

Parents need to take this into account. Parents often negotiate this new development without involving the court. The family has have four and six years more to work with "minor child" parenting issues, so try to work it out amicably.

You said Dad is entitled to 1/2 the summer, which is about six weeks. Perhaps Dad and the kids can agree to spend Dad's half in three 2-week blocks, or two 3-week blocks. Perhaps they could move some of the summer time to the school year (if they live close enough).

If the parents can't agree, or Dad and the kids can't come to an agreement, consider talking to a neutral person - a family mediator or a family counselor - who can help all the family members figure this out. Save court as your last resort.