Montana Parenting Plans

The court-ordered framework

What is a parenting plan?

A parenting plan establishes the court-ordered framework for parenting a child. Depending on the circumstances, it can address where a child will live, when the child will be with each parent, how holidays and school breaks are handled, how exchanges occur, how parents communicate, how certain decisions are made, and how disputes are addressed.

A detailed plan can reduce uncertainty because both parents can look to the same court order. The appropriate level of detail depends on the family and the issues that need to be addressed.

Best interests of the child

How does a Montana court decide parenting issues?

Montana Code Annotated § 40-4-212 provides that the court determines a parenting plan according to the best interests of the child. The statute lists relevant factors that may include the parents’ and child’s wishes, the child’s relationships and adjustment to home, school and community, the health of people involved, abuse or threats of abuse, chemical dependency or abuse, continuity and stability of care, developmental needs, financial support issues, and other statutory considerations.

The statute also contains provisions concerning frequent and continuing contact with both parents, vexatious amendment actions, and certain presumptions. The statute should be reviewed directly when a specific issue is involved.

Read MCA § 40-4-212.

Starting a case

Starting a parenting-plan case in Montana

A parenting proceeding is commenced in District Court by filing the appropriate petition. Montana Code Annotated § 40-4-211 addresses jurisdiction and commencement of parenting proceedings, including the circumstances in which Montana courts may make a parenting determination and the counties in which a proceeding may be commenced.

The Montana Judicial Branch provides a statewide parenting-plan packet, individual forms, and current instructions. The official forms section below identifies the main form groups and links to the current source.

Read MCA § 40-4-211 · View Montana Courts parenting-plan forms.

Where do I file?

Montana parenting-plan proceedings are handled in District Court. The specific county depends on the jurisdiction and venue rules that apply to the case. Montana Code Annotated § 40-4-211 provides the governing rules, including provisions concerning where a parent or other qualifying person may commence a proceeding. Before filing, check the current Montana Courts instructions and the Clerk of District Court for the county involved. Local court procedures and supplemental requirements can matter.

Agreement and disagreement

If the parents agree, or do not agree

If the parents agree

Parents may agree on some or all parenting issues. An agreement can reduce the issues the court needs to decide, but an informal agreement is not the same thing as a court-ordered parenting plan. The appropriate Montana court forms and procedure should be followed so the agreement can be presented to the court and, when approved and entered, become an enforceable order.

If the parents do not agree

If parents cannot agree, the case may involve a petition, response, proposed parenting plans, interim issues, mediation or other dispute-resolution procedures when applicable, and a court hearing or other court action. The court applies Montana’s governing statutes to the facts presented.

Temporary arrangements

Interim parenting plans

An interim parenting plan is a temporary court arrangement that can apply while a parenting proceeding is pending. Montana Code Annotated § 40-4-213 addresses interim parenting plans. The Montana Courts parenting-plan forms page includes the current interim-plan forms.

Read MCA § 40-4-213 · View current interim-plan forms.

Practical details

Building a workable parenting schedule

A parenting plan can address the regular schedule, school-year and summer schedules, holidays, exchanges, transportation, communication, activities, medical information, and decision-making. The details that are appropriate depend on the family and the issues that need to be addressed.

Existing court orders

Changing or enforcing an existing parenting plan

Changing an existing court-ordered parenting plan is different from starting a first parenting plan and different from enforcing an existing order. Montana Code Annotated § 40-4-219 governs amendment of a parenting plan and contains specific standards and procedures. If you are considering a modification, start with the current statute and court forms, then review the detailed Montana parenting-plan modification information on this site.

The facts of the existing order and the reason for the requested change can materially affect the process. Read about Montana parenting-plan modification.

Read MCA § 40-4-219.

Enforcing an existing parenting plan

Enforcement is not the same as modification. If a final parenting plan already exists and the other parent is not following the court order, the appropriate issue may be enforcement rather than creation of a new plan. Montana Legal Help provides current information and forms for enforcing a parenting plan.

View Montana Legal Help parenting-plan resources.

Relocation

Moving with a child

Montana law has specific procedures when a parent’s change of residence affects the child’s contact with the other parent. Montana Code Annotated § 40-4-217 addresses notice of intent to move and related amendment procedures. The Montana Courts forms page includes the Notice of Intent to Move.

Relocation issues can be highly fact-specific. Review the current statute and forms before moving, and consider legal advice if the move may significantly affect the existing parenting schedule.

Read MCA § 40-4-217 · View current relocation forms.

Official forms

Montana parenting-plan forms

Use the current forms supplied by the Montana Judicial Branch or Montana Legal Help. Do not rely on old forms saved from another case or found on an unofficial website.

Browse current official parenting-plan forms and instructions.