This bill revises the laws regarding parenting time in Montana by amending Section 40-4-212 of the Montana Code Annotated. The key change is that the court must now begin with equal consideration for each parent when determining a parenting plan, rather than solely focusing on the best interest of the child as previously stated. The court may then adjust parenting time based on various relevant factors to ensure the child's best interests are met. These factors include the wishes of the parents and child, the child's adjustment to their environment, the mental and physical health of those involved, and any history of abuse or neglect.

Additionally, the bill introduces rebuttable presumptions regarding vexatious parenting plan actions, specifying that a parenting plan action initiated by a parent within six months of a child support action against them is considered vexatious. It also states that a motion to amend a final parenting plan is vexatious if the parent does not make a good faith effort to comply with the existing plan or its dispute resolution provisions. Overall, the bill aims to create a more balanced approach to parenting time decisions while still prioritizing the child's welfare.

Statutes affected:
LC Text: 40-4-212