Domestic Violence and Montana Family Court

Custody and Parenting Time Basics

Custody and parenting time determine how parents share responsibility and time spent with their children after separation or divorce. Custody refers to both legal decision-making authority and physical custody, which is where the child lives. Parenting time (sometimes called visitation) governs the schedule for when a parent spends time with the child.

Raising Domestic Violence Concerns

When domestic violence (DV) is present, it is vital to raise these concerns during custody or parenting time proceedings. Courts prioritize child safety and may modify arrangements to protect the child and the survivor, especially if abuse or power imbalances impact parent-child interactions. It is important to present clear information and evidence about DV to ensure protections are considered.

Child Safety Considerations

Child safety is the paramount factor in custody decisions. This includes protecting the child from exposure to violence, coercion, or manipulation. The court may order supervised parenting time or limit contact if a parent’s behavior poses risks. Always prioritize environments where the child feels secure and supported.

Interplay with Orders of Protection

Orders of Protection (restraining orders) may impact custody and parenting time arrangements. These orders can restrict or define contact between the abusive parent and the child or survivor to prevent harm. Courts balance these orders with parenting rights, ensuring compliance with the protection measures while supporting child welfare.

For more guidance on navigating custody when domestic violence is involved, survivors can visit DV Support for trusted resources and support.