## Can grandparents get court-ordered visitation in Montana? (Mont. Code § 40-9-102) Grandparent-visitation law shifted dramatically after the U.S. Supreme Court decided **Troxel v. Granville (2000)** — striking down Washington's broad visitation statute as a violation of fit parents' constitutional right to direct the upbringing of their children. Every state has had to retool its grandparent-visitation law to fit the constitutional floor Troxel set. ### Montana's posture Standard post-Troxel framework. Grandparents have standing in defined circumstances (parents divorced/deceased, parent unfit, prior caretaker role), and the court applies a best-interests analysis with deference to fit parents' wishes. ## When grandparents typically have standing Across most states, grandparents can petition for visitation when one of these triggers applies: - **A parent is deceased** - **The parents are divorced** or in the middle of divorce - **The parents were never married** - **A parent is incarcerated** - **A parent is missing or has abandoned the child** - **The child has lived with the grandparent for a meaningful period** - **There's a pre-existing close relationship** (in some states) **Standing is usually NOT available** when the child lives in a happy intact two-parent household and the parents object — that's Troxel's main reach. ## What courts look at Once standing is established, the court applies a best-interests analysis. Common factors: 1. The pre-existing relationship between grandparent and child 2. The child's wishes (given more weight as the child gets older) 3. The child's emotional ties to the grandparent 4. Each grandparent's mental and physical health 5. The willingness of the grandparent to encourage a relationship with the parents 6. Reasons the parent is opposing visitation 7. Evidence of harm to the child from being denied the relationship 8. Whether visitation would interfere with the parent-child relationship Weight is given to the parent's decision in nearly every state — that's what Troxel requires. ## What grandparents typically have to show Even in grandparent-friendly states, the petitioner usually has to prove some combination of: - **A pre-existing relationship of substance** — not occasional birthday cards but real, ongoing contact - **Harm or detriment to the child** if visitation is denied - **The parent's reasons for refusing are not in the child's best interests** - **The grandparent is fit and capable** of providing a positive environment Even in a permissive state, you cannot simply show "I'm a nice grandparent and I miss them." ## Adoption changes everything When a child is adopted by non-relatives (or by a step-parent in some states), grandparent visitation rights from the original side of the family typically terminate. Adoption is essentially a legal reset of the parent-child relationship. ## Out-of-state issues Grandparent visitation orders, like custody orders, are entered in the state with **"home state"** jurisdiction over the child under the UCCJEA. If grandparents and grandchildren live in different states, the home state of the child controls — making a permissive grandparent state irrelevant if the child lives in a restrictive one. ## Mediation can save the relationship Going to court over grandchild visitation is the nuclear option — and even when grandparents win, the relationship with the parents (and through them, with the children) is often permanently damaged. Mediation, family therapy, or a third-party intermediary often produces better outcomes than litigation. ## What you should do If you're a grandparent thinking about petitioning for visitation in Montana, talk to a family-law attorney first to assess whether your case meets the threshold. Most attorneys offer paid initial consultations and can give you a realistic read on whether to pursue litigation. If you're a parent facing a grandparent-visitation petition, retain counsel immediately — the standards strongly favor parents but only if invoked properly. --- *This guide is general information about Montana law as of early 2026 and is not legal advice. Grandparent-visitation law continues to evolve through state-court decisions interpreting Troxel. Talk to a licensed Montana family-law attorney about your specific situation.*