Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.

During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.

Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.

In Montana, child custody laws are designed to ensure the best interests of the child are the primary consideration in custody and visitation matters. When parents separate or divorce, they can either agree on a parenting plan that outlines custody arrangements or, if they cannot agree, the court will decide. Montana law recognizes both joint custody, where both parents share decision-making responsibilities and parenting time, and sole custody, where only one parent has these rights and responsibilities. The court considers various factors when determining custody, including the wishes of the parents and the child, the child's relationship with each parent, and the child's adjustment to home, school, and community. If a parent is deemed unfit due to reasons such as abuse, neglect, or substance abuse, the other parent may be awarded sole custody. Visitation rights may be granted to the non-custodial parent, which can be supervised if necessary to protect the child's well-being. These laws are typically found in the state's statutes related to family and domestic matters. It's important to note that child custody is different from guardianship, which is a temporary arrangement, and adoption, which is a permanent legal transfer of parental rights to another individual.