Summary
If you believe your child is being verbally and emotionally abused by the non-custodial parent, document instances of abuse, seek professional advice, and file a motion to modify custody. Witness testimonies can be used as evidence. The court may consider a childs preference, but its not the only factor. For affordable legal help, contact Montana Legal Services Association. If you have 50/50 legal custody, major decisions like education usually require both parents consent, but written consent may carry more weight than verbal, especially if rescinded while intoxicated. Consult a lawyer for personalized advice.Full Conversation
Change child custody arrangement due to verbal and emotional abuse on the child by the non-custodial parent
Hello ****, I'm sorry to hear about this situation. In Montana, if you believe your child is being abused, you should:
*. Document instances of the abuse.
*. Seek professional advice (lawyer, psychologist).
*. File a motion to modify custody with the Montana court.
Remember, the child's best interest is always the main concern.
I have no proof of the verbal abuse, just what has been overheard on phone calls. And what has been witnessed by other adults.
Hello ****, in Montana, witness testimonies can be used as evidence. It's important to:
*. Ask witnesses to provide written statements.
*. Record, if legal, any abusive phone calls.
*. Consult a lawyer to guide you on gathering evidence.
Remember, it's crucial to take action to protect your child.
My child is *, will he get to tell the judge that he no longer wants to see his dad
Hello ****. In Montana, the court may consider a child's preference, but it's not the only factor. The child's maturity and the reason for their preference are also taken into account. Consulting with a family law attorney is advisable in this situation.
can you provide me with the information for a family law attorney for someone that has very little money
Hello ****, you can seek affordable legal help from Montana Legal Services Association (MLSA). They provide free civil legal aid to low-income individuals.
- Name: Montana Legal Services Association
- Phone: (*) *-*
- Website: www.mtlsa.org
if we have */* legal custody, but I have physical custody can I make the decision to homeschool my child due to a prolonged illness without his consent
Hello ****. In Montana, if parents share legal custody, major decisions like education usually require both parents' consent. However, circumstances can justify exceptions. Consult with a lawyer or family court for guidance tailored to your specific situation.
what if he gave me consent in a text message, but rescinded it verbally while intoxicated
Hello ****. In Montana, written consent tends to carry more weight than verbal, especially if the verbal rescission occurred while intoxicated. However, it's important to consult with a lawyer to understand how this applies to your situation.