Montana § 41-1-601 - Best Interests Of Child -- Factors To Consider

§ 41-1-601. Best Interests Of Child -- Factors To Consider

Best interests of child -- factors to consider. (1) In any circumstance in which the best interests of a child must be determined, the following factors, to the extent they are present, must be considered but are not exhaustive: (a) the physical and emotional safety of the child; (b) the temperament and developmental needs of the child; (c) the capacity and the disposition of the parents to understand and meet the needs of the child; (d) any relevant and material information obtained from the child, including the informed preferences of the child; (e) the wishes of the child's parents as to custody; (f) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person who may significantly affect the best interests of the child; (g) the importance of family integrity, the emotional ties, and relationships between the child and the child's parents, siblings, family, household members, or other caregivers; (h) the willingness and ability of each parent to facilitate and encourage a continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders; (i) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute; (j) the ability of each parent to be actively involved in the life of the child; (k) the child's adjustment to the child's home, school, and community environments; (l) the capacity of the parents to provide a stable home and adequate food, clothing, and medical care, which may not be based solely on the socioeconomic status of a parent; (m) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, may not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child; (n) the child's cultural background; (o) the effect on the child exposed to an offense identified in 45-5-202 , 45-5-206 , 45-5-213 , or 45-5-215 against a partner or family member in the presence of the child by a predominant aggressor; (p) whether the child or a sibling of the child has been abused or neglected as defined in 41-3-102 ; and (q) whether the party satisfactorily completes participation in a parenting education program established pursuant to a court directive. (2) A court is not required to assign any weight to any of the factors that it considers but shall articulate the basis for its decision.