A partner or family member assault (PFMA) charge does not rewrite your parenting plan, and a conviction does not end your parenting rights by itself. What the charge does is set several things in motion: orders that can limit contact right away, and evidence that a family court may weigh later when it decides what is in your child's best interest. This page is the overview for the children, divorce, and parenting section of our Montana Domestic Violence Guide.
Four Proceedings, Four Sets of Rules
People often speak of "the case" as if there were one. After a domestic incident there can be up to four, each with its own judge, its own standard of proof, and its own orders.
| Proceeding | Who decides | What it can do about children |
|---|---|---|
| Criminal case (PFMA or a related charge) | The criminal court handling the charge | No contact order and release conditions that may limit contact with named people |
| Order of protection | A court listed in MCA § 40-15-301 | Can restrain contact with a named minor family member (MCA § 40-15-204(4)) |
| Parenting plan case | District court | Sets or amends the residential schedule and decision making under MCA §§ 40-4-212 and 40-4-219 |
| Abuse and neglect case | District court, on a petition under Title 41, chapter 3 | Protective services, placement, and in rare cases termination of parental rights |
An order from one of these does not cancel an order from another. If two orders seem to point in different directions, the answer is to follow the more restrictive one and have a lawyer ask the court to sort it out. Our page on orders of protection and your parenting plan explains how the courts are supposed to coordinate.
What the Family Court Weighs
Montana does not use the word "custody" much anymore. The court adopts a parenting plan "in accordance with the best interest of the child" and considers all relevant parenting factors (MCA § 40-4-212(1)). Two of the listed factors speak directly to domestic violence:
- Subsection (1)(f): "physical abuse or threat of physical abuse by one parent against the other parent or the child."
- Subsection (1)(l): frequent and continuing contact with both parents is considered to be in the child's best interests, unless the court determines after a hearing that contact with a parent would be detrimental. In deciding that, the court must consider evidence of physical abuse or threats, including certain convictions of a parent or of another person living in that parent's household.
Notice what the statute does not say. It does not require a conviction, and it does not make any single factor decisive. Abuse sits in a list with the child's adjustment, continuity of care, each person's health, and the rest. We set out the exact wording in parenting plan factors and abuse.
What a Conviction Adds
A conviction matters in a specific way. If a parent, or another person residing in that parent's household, is convicted of a listed crime, the other parent may file an objection to the current parenting order (MCA § 40-4-219(8)(a)). The list includes PFMA "of the type described in 45-5-206(1)(a)," which is purposely or knowingly causing bodily injury, and strangulation of a partner or family member under MCA § 45-5-215.
The parent who receives notice of the objection has 21 days to respond. If that parent does not respond, the statute says parenting rights "are suspended until further order of the court." If the parent responds and objects, a hearing must be held within 30 days of the response. The court also presumes that a parent who has done one of the acts in subsection (8) is not acting in the child's best interest (MCA § 40-4-219(3)). A presumption can be answered with evidence, but it shifts the starting point.
Because of this, the form a criminal case takes when it ends can matter to a parenting case. That is a question to raise with your lawyer before any plea, not after.
Your Parenting Time While the Case Is Pending
In the first days, the family court usually is not the one limiting your time. The criminal court is. A standing no contact order under MCA § 45-5-209 prohibits contact with the protected persons listed in it and can include a restriction of up to 1,500 feet. If the children are not listed, the order may still make it impossible to pick them up without contacting the other parent or going to a prohibited place.
Do not solve that problem yourself. Consent of the protected person is not a defense to a violation (MCA § 45-5-209(8)(b)). Our pages on exchanging children under a no contact order and supervised visitation explain the lawful routes, which run through the court.
When Child Protective Services Is Involved
A peace officer is a mandatory reporter of suspected child abuse or neglect (MCA § 41-3-201(2)(g)), so a domestic call with children in the home can lead to contact from the Child and Family Services Division. That is a separate track from both the criminal case and the parenting case. See child protective services after a domestic call. A PFMA conviction alone is not a ground for ending parental rights, which we explain in termination of parental rights risk.
Divorce, the House, and Moving
A domestic violence case often arrives together with a separation. The timing of a divorce filing, who stays in the home, who pays which bills, and whether either parent may move with the children all have their own rules. Montana dissolution is no-fault, but statements made in the family case can still matter in the criminal one. We cover that in divorce during a PFMA case.
What to Do Now
Collect every order you have been served with and read each one for names, distances, and expiration. Follow all of them exactly. Do not discuss the incident with your children or ask them to carry messages. Keep paying support you owe. Then talk with a lawyer about both cases together, because a step that helps in one court can hurt in the other.
If you or your children are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.