When I was 16/17, my son's biological father raped and abused me for almost a year. I got pregnant from the last time he raped me. He threatened to beat me until I miscarried so I moved to Billings and came back to Bozeman to have my son. I never ...
There is a way to petition to have your currently boyfriend become stepfather. This would terminate the bio dad. But it gets more complicated than that simple answer. you need an attorney.See question
my mother died 1.5 years ago--revocable trust and trustee changed in last two months to lost week before death. my brother and I are beneficiaries. $30,000 left in trust to cover expenses. My brother wants to see the documents that changed the ...
You should seek an attorney. Generally in probate cases and trusts information can be shared freely. With final accountings pending, time is of the essence.See question
My 24 year old daughter was attending outpatient alcohol counseling of her own free will, when she was having problems with boyfriend. She'd been depressed,and was getting better..we thought. On Oct.8th she committed suicide by hanging. One of the...
Lawyers have to evaluate each case by all the facts. This case by case evaluation is necessary because the common law duties of negligence apply. In other words, Montana doesn't have a specific law for self harm, as it does for harm to third parties. Knowing all the facts, allows us to evaluate if the someone was or was not negligent. It is worth contacting a lawyer to help you during this difficult time. I am sorry for your loss and you have our condolences.See question
My husband is coming to Montana to visit our daughter for her birthday in March. My daughter and I both have Montana residency but my husband lives in New Jersey. He was supposed to come to Montana too but so far has not. We left to live in Montan...
It is important to know if you are divorced or if the court in new Jersey has entered any orders. The general rule is venue is where the kid has been for the last 6 months. But, if a prior court has entered orders, they may retain jurisdiction.
Also, if there is no plan in place, there is nothing for the courts or police to enforce. It is best to ensure a parenting plan is in place to ensure all parties and the child is protected and aware of what is going on.
My son's father and I have recently seperated, we weren't legally married. He took my son from my while I was at work and is now residing at his parents place which is on the Northern Cheyenne reservation. He claims he's enrolled our son as a trib...
Tribal membership is up to the tribe, with federal oversight.
But more importantly, the general rule for jurisdiction is where the kid has been domiciled for the last 6 months.
Even if the kid recently moved, the court where an action is filed will retain jurisdiction if that is where he spent the most time in the last 6 months.
If a tribal petition is filed after 6 months of the kid being on the reservation, then it is difficult for Sidney's court to get jurisdiction.
It is best to get with a lawyer and file where jurisdiction is proper.See question
I need the lien released so I can sell it
This sounds fact intensive and we need to review documents. I can do a quick consultation if you would like. Please call.See question
12-24-16, I was rear-ended by an elderly lady. We were both presented with citations. Her's was for following to closely and mine was for no insurance. The damage to both vehicles are pretty bad. Her's was towed and my husband drove ours home. I h...
This is confusing and I am not sure if you have been given information about restitution amounts.
Please call or call a local criminal defense lawyer. Were you offered a public defender?See question
I started a small start up business. $38,000 initial investment. Was introduced to a potential partner. She had no monetary investment or funds for improvements when the agreement was set. We mutually agreed to both work until we reached our break...
Partnership agreements are not listed in the statute of frauds (which require certain contracts to be in writing). However, being able to get this story into evidence without violating the hearsay rule will likely take a lawyer's help.See question
The birthfather has agreed to give up his rights. He lives in Texas the child, mother and stepfather just moved to Montana. Which state has jurisdiction? What forms need to be submitted to court and do you have to use a lawyer ?
If everyone agrees (including birth father) then some courts will waive the 6 month rule.
A hearing will need to be held in any event and so it makes sense to file where you are and where the child is once you have jurisdiction worked out.
Your husband (new stepfather) will need to petition for a step parent adoption, the father needs to file the proper forms, and you need to consent.
There is a bundle of paperwork (and most don't want it getting hung up/overturned on a technicality) so I recommend using a lawyer.
call if you desireSee question
My stepdaughter's mom is married to a registered sex offender (he raped his stepson from a previous marriage). He does not live with them but is at the house daily until bedtime and then leaves. We were told that this was not an issue as he is al...
here is the rule on amendments (it's long, but section 8(b) has some language that seems to cover your facts). If you feel this situation is outlined below, call to discuss.
40-4-219. Amendment of parenting plan -- mediation. (1) The court may in its discretion amend a prior parenting plan if it finds, upon the basis of facts that have arisen since the prior plan or that were unknown to the court at the time of entry of the prior plan, that a change has occurred in the circumstances of the child and that the amendment is necessary to serve the best interest of the child. In determining the child's best interest under this section, the court may, in addition to the criteria in 40-4-212, also consider whether:
(a) the parents agree to the amendment;
(b) the child has been integrated into the family of the petitioner with consent of the parents;
(c) the child is 14 years of age or older and desires the amendment;
(d) one parent has willfully and consistently:
(i) refused to allow the child to have any contact with the other parent; or
(ii) attempted to frustrate or deny contact with the child by the other parent; or
(e) one parent has changed or intends to change the child's residence in a manner that significantly affects the child's contact with the other parent.
(2) A court may modify a de facto parenting arrangement in accordance with the factors set forth in 40-4-212.
(3) The court shall presume a parent is not acting in the child's best interest if the parent does any of the acts specified in subsection (1)(d) or (8).
(4) The court may amend the prior parenting plan based on subsection (1)(e) to provide a new residential schedule for parental contact with the child and to apportion transportation costs between the parents.
(5) Attorney fees and costs must be assessed against a party seeking frivolous or repeated amendment if the court finds that the amendment action is vexatious and constitutes harassment.
(6) A parenting plan may be amended upon the death of one parent pursuant to 40-4-221.
(7) As used in this section, "prior parenting plan" means a parenting determination contained in a judicial decree or order made in a parenting proceeding. In proceedings for amendment under this section, a proposed amended parenting plan must be filed and served with the motion for amendment and with the response to the motion for amendment. Preference must be given to carrying out the parenting plan.
(8) (a) If a parent or other person residing in that parent's household has been convicted of any of the crimes listed in subsection (8)(b), the other parent or any other person who has been granted rights to the child pursuant to court order may file an objection to the current parenting order with the court. The parent or other person having rights to the child pursuant to court order shall give notice to the other parent of the objection as provided by the Montana Rules of Civil Procedure, and the other parent has 21 days from the notice to respond. If the parent who receives notice of objection fails to respond within 21 days, the parenting rights of that parent are suspended until further order of the court. If that parent responds and objects, a hearing must be held within 30 days of the response.
(b) This subsection (8) applies to the following crimes:
(i) deliberate homicide, as described in 45-5-102;
(ii) mitigated deliberate homicide, as described in 45-5-103;
(iii) sexual assault, as described in 45-5-502;
(iv) sexual intercourse without consent, as described in 45-5-503;
(v) deviate sexual conduct with an animal, as described in 45-2-101 and prohibited under 45-8-218;
(vi) incest, as described in 45-5-507;
(vii) aggravated promotion of prostitution of a child, as described in 45-5-603(1)(b);
(viii) endangering the welfare of children, as described in 45-5-622;
(ix) partner or family member assault of the type described in 45-5-206(1)(a);
(x) sexual abuse of children, as described in 45-5-625.See question