MontanaSB 46669th Legislature, Regular Session (2025)Senate

Establish factors when determining best interest of child

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

How judges decide child custody now

The law sets clear factors judges use to decide a child’s best interests. Judges look at safety, the child’s needs, each parent’s capacity and involvement, and the child’s wishes. They consider family ties, stability at home and school, and whether a parent supports the child’s bond with the other parent and follows court orders. Income or wealth alone cannot decide the case. Disability alone does not decide custody unless the plan is not best for the child. Judges consider any abuse, neglect, or domestic violence the child saw, and any manipulation or pressure on the child. Judges also consider whether a parent finished a court-ordered parenting class. The court must explain its reasons, and it does not have to give one factor more weight than another.

Sponsors & Cosponsors

Sponsor

Dennis Lenz
Republican • Senate

Cosponsors

Steven Kelly
Republican • House

Roll Call Votes

All Roll Calls

Yes: 297 • No: 0

Senate vote • 4/11/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 4/10/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 3/6/2025

Do Pass

Yes: 50 • No: 0