{"data":{"id":"us-mt/41-1-601","jurisdiction":"us-mt","citation":"41-1-601","heading":"Best interests of child -- factors to consider.","body":"(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:\n(a) the physical and emotional safety of the child;\n(b) the temperament and developmental needs of the child;\n(c) the capacity and the disposition of the parents to understand and meet the needs of the child;\n(d) any relevant and material information obtained from the child, including the informed preferences of the child;\n(e) the wishes of the child's parents as to custody;\n(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;\n(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;\n(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;\n(i) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute;\n(j) the ability of each parent to be actively involved in the life of the child;\n(k) the child's adjustment to the child's home, school, and community environments;\n(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;\n(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(n) the child's cultural background;\n(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;\n(p) whether the child or a sibling of the child has been abused or neglected as defined in 41-3-102; and\n(q) whether the party satisfactorily completes participation in a parenting education program established pursuant to a court directive.\n(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.","path":["TITLE 41. MINORS","CHAPTER 1. RIGHTS AND OBLIGATIONS OF MINORS","Part 6. Best Interests of Child"],"source_url":"https://mca.legmt.gov/bills/mca/title_0410/chapter_0010/part_0060/section_0010/0410-0010-0060-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:04Z","sha256":"9daadd4ec2c142327bd96a7d1dc61691d1748624ae373ec9bdb3b062b05531f4","source_id":"us-mt","stale":false,"prev":"us-mt/41-1-503","next":"us-mt/41-2-101"},"notice":"GroundRules: Original legal text. Not legal advice."}