Montana Custody (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.

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.

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.

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.

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).

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.