Understanding Montana Custody Laws

Summary

The user is a mother in Montana seeking advice on custody laws after the death of her daughters father. She is unsure about signing guardianship over to the aunt and wants to understand her rights. The father had full custody of the daughter due to a previous agreement. The user has not been officially served with a petition for guardianship but anticipates it. She has not taken any legal steps yet but is considering filing a petition for custody.

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My daughter's dad passed away. He had full time custody of Cassie. Her aunt wants me to sign guardianship over to them. Ì just want to know where i stand as her mother and the beauty way tho go about this. I do not want to give my rights all the way up. Cassie is 15 years old. I have been trying to mend or relationship and this ordeal has set us back even farther then before
Did you lose your parental rights or was it just a custody arrangement?
Custody agreement
What is the current custody agreement and why was it granted to the father? In Montana, biological parents generally have priority in custody matters unless proven unfit.
Parenting plan
What were the terms of the parenting plan? In Montana, if a parent with primary custody dies, the other parent usually assumes custody unless it's not in the child's best interest.
We'd did split custody. Then he wanted to move out of state. I wouldnt sign for him to leave with her. I ended up going with them for almost two years. Since then, nothing has been decided. He was in washington i was in montana. Cassie and her dad moved back to kalispell two years ago
What is your current relationship with Cassie like?

In Montana, the court considers the child's relationship with each parent when determining custody.
She is mad because i havent signed papers. She says her feelings dont matter its whats best for her. It may be whats best. I just dont know how to go about it or what i need to do
Have you consulted with a lawyer about this situation? It's important to understand your rights and options in this complex situation.
Tried. I cant afford one and the ones i got refered to dont take custody cases
Have you considered reaching out to legal aid services in Montana for assistance with your case? They often provide free or low-cost legal help in family law matters.
Yes they told me i had to respond to evervy letter and show up when ordered. Which nothing like that has came up yet
What is the current status of the guardianship case? Have you received any official documents or court orders?
There isnt one. I seen a couple rough drafts i didnt agree with but nothing served
Have you been officially served with a petition for guardianship? In Montana, you must be formally served before any legal proceedings can begin.
No but its coming
What makes you believe that a petition for guardianship is forthcoming?
The aunt has a lawyer and has made it to where i cant drop anything off to my daughter without going through them. They are pushing cassie to make decisions that she shouldnt have to atm. She needs to grieve
What is the aunt's reason for wanting guardianship over Cassie? In Montana, biological parents usually have priority in custody matters unless proven unfit.
Because cassie and my relationship has not been very good latley. Its whats best to them.
What steps have you taken to improve your relationship with Cassie? In Montana, the court considers the child's relationship with each parent when determining custody.
I text and call her everyday. I try to go see her. Sometimes she sees me sometimes she doesnt. The aunt has been having cassie call me over the papers. I feel it is wrong to put cassie in the middle like that. I love my daughter very much and would do anythingfor her to be close again
What steps have you taken to legally establish your rights as Cassie's mother? In Montana, you may need to file a petition for custody in court.
None because i dont know what i need to be doing
What is your current living situation and financial stability? This could impact the court's decision on custody. In Montana, courts consider the parent's ability to provide a stable environment.
I own my own home and business
What type of business do you own and how stable is it? In Montana, financial stability and ability to provide a stable environment are considered in custody cases.
Cleaning business. Its super busy all summer and slows down in winter . I am financial stable enough to provide for cassie
What steps have you taken to show the court that you can provide a stable environment for Cassie? In Montana, courts consider the parent's ability to provide a stable environment.
I have a room set up for her. I have tried to offer it to Cassie. We both need to get help like a counselor for our relationship and for lossing her father. I told her i would do it with her
I offered to do counseling with cassie. I also have a room set up for cassie
Non
?
What steps have you taken to establish a formal custody arrangement since your daughter's father passed away?
None
Have you considered filing a petition for custody in the Montana court? This could help establish your legal rights as Cassie's mother.
No
I will consider it
I would like to go back over our conversation
Of course, ****. Could you please specify which part of our previous conversation you'd like to revisit or clarify?
All of it
Sure, ****. To start, could you please remind me of the specific details of your guardianship case?