Updated July 18, 2023
A Montana custody (parenting) plan is a required document for custody cases in Montana. This form allows the parents of a minor child to allocate childcare responsibilities and other matters related to custody. It also includes a visitation schedule and living arrangements for the child after the separation or divorce.
Child Custody Factors
In determining a parenting plan that is in the child’s best interest, the court will consider a number of factors (§ 40-4-212), including:
- The wishes of the child and the parents
- Existing relationships between the child and the parents, siblings, and anyone else who significantly affects the child’s best interest
- The child’s adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Each parent’s history of physical abuse, the threat of physical abuse, or chemical dependency
- The developmental needs of the child
- Each parent’s history of providing financial support for the child
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How to File for Custody in Montana
1. Agree on a Parenting Plan
To open a custody case in Montana, the petitioning parent must complete the Petition for Parenting Plan (MP-114) and the proposed parenting plan (MP-300). It is highly recommended that the parents try to work out any conflicts and reach an agreement with regard to all the terms of custody.
If the parents are not in agreement, the petitioning parent must also fill out a summons to serve the other parent.
2. Calculate Child Support
Complete the Child Support Worksheets A, B, C, D, and E to estimate the amount of child support that may be ordered by the court. A Child Support Guidelines Financial Affidavit must be completed as well.
3. Complete and File the Forms
After completing the required documents, file them at the Clerk of District Court office in the county where the parents or children reside. Filing fees vary by county. For parents with financial hardship, they may qualify for a waiver by submitting the Affidavit of Inability to Pay Filing Fee.
4. Serve the Other Parent
Once the forms are filed with the court, the petitioning parent can serve the petition and summons to the other parent, who will have 21 days to formally respond.
5. Request Hearing
Once the time for the other parent to respond has expired, the petitioning parent can request a hearing to finalize the proposed parenting plan. To request the hearing, complete and file the Request for a Hearing and Default by Clerk form (MP-721) and the Order Granting Hearing for Parenting Plan (MP-722).
6. Receive Court Judgment
At the conclusion of the hearing, where the judge will review the proposed parenting plan and determine what’s in the child’s best interest, the judge will sign the parenting plan. Once approved by the judge, the parenting plan will be considered a court-ordered document, which will legally bind the parents to the terms until the child turns 18.
Custody Laws
- Child’s preference: Montana courts may consider the wishes of the child with regard to custody. (§ 40-4-212(1)(b))
- Grandparents’ visitation rights: Title 40, Chapter 9
- Parenting plan requirements: § 40-4-234
- Uniform Child Custody Jurisdiction and Enforcement Act: Title 40, Chapter 7
Related Forms
