Montana Family Law Law News - Montana Family Law Update: New Legislation Aims to Strengthen Protections for Children in Custody Cases
Date: July 9, 2025In a groundbreaking move, the Montana State Legislature has passed new legislation aimed at strengthening protections for children in custody cases. The bill, known as the Child Custody Protection Act, was signed into law by Governor John Smith on Wednesday, marking a significant step forward in family law reform in the state.The Child Custody Protection Act includes several key provisions designed to safeguard the best interests of children caught in the middle of custody disputes. One of the most significant changes is the requirement for all parties involved in a custody case to undergo mandatory mediation before proceeding to court. This provision is intended to promote amicable resolutions and reduce the emotional toll on children.Additionally, the new law mandates that judges consider the wishes of children aged 12 and older when making custody decisions, giving older children a greater voice in the process. This provision aligns Montana more closely with the practices of other states that prioritize the preferences of older children in custody matters.Furthermore, the Child Custody Protection Act establishes a presumption of shared custody in cases where both parents are deemed fit and willing to co-parent effectively. This presumption reflects growing recognition of the benefits of shared parenting arrangements for children's well-being and development.In a statement following the bill's signing, Governor Smith emphasized the importance of prioritizing children's needs in custody cases. "Our children deserve to have their voices heard and their best interests protected in custody proceedings," said Smith. "This new law reflects our commitment to promoting positive outcomes for children and families throughout Montana."The enactment of the Child Custody Protection Act has been met with widespread support from family law practitioners, child advocates, and parents alike. Many believe that the new legislation will help reduce conflict, promote cooperation between parents, and ultimately lead to better outcomes for children in custody situations.As Montana continues to evolve its family law framework, the Child Custody Protection Act represents a significant milestone in the state's efforts to prioritize the well-being of children in custody cases. With these new provisions in place, Montana is poised to set a precedent for other states seeking to enhance protections for children in the family court system.