Ask the judge

My hope is we can have good, civil, authentic discussions and try to see the other person’s side, rather than just defend our own. As the old adage goes, let’s disagree, without being disagreeable. Respectful debate should be our goal. In the meantime, keep the comments and letters coming — they are what make life interesting and keep our society moving forward.

This month’s question is: How do judges decide parenting plans? One of the hardest and most important decisions a state judge makes in this job is how much time the kids should spend with each parents when parents split up. Montana has perhaps the best test in the legal world when making this decision. It is simply and profoundly what is in the “best interest” of the children. The simple two-word test really encompasses it all — Who has been the primary caregiver? Who has gotten up with a sick child in the middle of the night? And who will the children be best off with in the future?

Montana law considers, under the best interest test, the wishes of the child, the wishes of the parents, the child’s attachment to home, school and community, the mental health of all involved, as well as physical abuse and chemical dependency issues. However to sum it up, “what is in the best interest of this child” puts it succinctly.

Family law cases are among the most challenging, and the most important, cases a judge deals with. You can only imagine the cases we see — the mom with seven children, with six different fathers — these poor children have no idea what it means to be a mom or a dad in a functioning household. Parents who emotionally, sexually or physically abuse their own children, and Katie bar the door when it comes to treatment of some stepchildren.

I once had a case where a parent locked her two children in an upstairs bedroom for the weekend, leaving them a gallon of water and a box of cereal, so she could go camping with her boyfriend without the kids to disturb them. Or the mom who left her one-week-old baby in her apartment to go shopping for an hour, and woke up on a friend’s couch a week later after a meth binge — fortunately, a neighbor heard the crying baby and alerted the police who saved the infant.

The list goes on and on. Fortunately, we have the best of all tests to decide parenting plan issues, a test that encompasses all aspects of how the children have been raised, and what would be best for the children in the future.

Fortunately, in most cases we have two good parents, who are doing their best under trying circumstances. However, in those tough cases some genius came up with a simple, yet brilliant, legal test: What is in the children’s best interest? I thank that person weekly for their wisdom.

Judge Russell Fagg has been a district court judge for nearly 20 years and has been assigned approximately 25,000 cases during that time. Judge Fagg is currently the president of the Montana Judges Association.

These articles have been fun, and I have enjoyed the lively discussion they have generated. In a free and democratic society, everyone has the right to let their voice be heard. We can only improve our society after airing out opposing views through civil dialogue.

My hope is we can have good, civil, authentic discussions and try to see the other person’s side, rather than just defend our own. As the old adage goes, let’s disagree, without being disagreeable. Respectful debate should be our goal. In the meantime, keep the comments and letters coming — they are what make life interesting and keep our society moving forward.

This month’s question is: How do judges decide parenting plans? One of the hardest and most important decisions a state judge makes in this job is how much time the kids should spend with each parents when parents split up. Montana has perhaps the best test in the legal world when making this decision. It is simply and profoundly what is in the “best interest” of the children. The simple two-word test really encompasses it all — Who has been the primary caregiver? Who has gotten up with a sick child in the middle of the night? And who will the children be best off with in the future?

Montana law considers, under the best interest test, the wishes of the child, the wishes of the parents, the child’s attachment to home, school and community, the mental health of all involved, as well as physical abuse and chemical dependency issues. However to sum it up, “what is in the best interest of this child” puts it succinctly.

Family law cases are among the most challenging, and the most important, cases a judge deals with. You can only imagine the cases we see — the mom with seven children, with six different fathers — these poor children have no idea what it means to be a mom or a dad in a functioning household. Parents who emotionally, sexually or physically abuse their own children, and Katie bar the door when it comes to treatment of some stepchildren.

I once had a case where a parent locked her two children in an upstairs bedroom for the weekend, leaving them a gallon of water and a box of cereal, so she could go camping with her boyfriend without the kids to disturb them. Or the mom who left her one-week-old baby in her apartment to go shopping for an hour, and woke up on a friend’s couch a week later after a meth binge — fortunately, a neighbor heard the crying baby and alerted the police who saved the infant.

The list goes on and on. Fortunately, we have the best of all tests to decide parenting plan issues, a test that encompasses all aspects of how the children have been raised, and what would be best for the children in the future.

Fortunately, in most cases we have two good parents, who are doing their best under trying circumstances. However, in those tough cases some genius came up with a simple, yet brilliant, legal test: What is in the children’s best interest? I thank that person weekly for their wisdom.

Judge Russell Fagg has been a district court judge for nearly 20 years and has been assigned approximately 25,000 cases during that time. Judge Fagg is currently the president of the Montana Judges Association.