Grandparent Visitation Rights in MontanaMarybeth Sampsel
If the court determines the parent is unfit, the court then must make a determination if grandparent-grandchild contact would be in the best interest of the minor child.
If the court determines the parent is fit, a grandparent must show both: (1) grandparent-grandchild contact is in the child’s best interest; and (2) the presumption in favor of the parent’s wishes has been rebutted.
Occasionally, parents and grandparents will enter into a specific visitation schedule. Much like a parenting plan, a grandparent visitation schedule outlines specific dates and times the child is to spend with the grandparent. In the event parents and grandparents make such an agreement, a drawn-out court process may be avoided.