House Bill No. introduced by L. Schubert and others aims to revise the laws governing parenting proceedings, specifically concerning the best interests of children transitioning genders. The bill stipulates that a parent's support for a child's gender transition must be considered not in the child's best interests, while a parent's opposition to such a transition may not be viewed as detrimental to the child's best interests. This introduces new legal language into Section 40-4-212 of the Montana Code Annotated (MCA), which outlines various factors the court must consider when determining a parenting plan.

The amendments include specific considerations regarding a child's gender transition, where encouraging or supporting the transition is equated with acts of physical abuse against the child, while opposing the transition is not seen as harmful. The bill also emphasizes that these new considerations should be treated similarly to other factors affecting the child's welfare. Additionally, the bill provides for an immediate effective date upon passage and approval.

Statutes affected:
LC Text: 40-4-212
HB0730_1(1): 40-4-212
HB0730_1: 40-4-212