Child Custody Agreement - Montana

CHILD CUSTODY AGREEMENT AND FINAL PARENTING PLAN

IN THE MONTANA [____] JUDICIAL DISTRICT COURT, [________________________________] COUNTY

The parents jointly propose this final parenting plan under MCA §§ 40-4-212, 40-4-233, and 40-4-234. It takes effect as a court order when the Court approves and incorporates it into a decree or order.

1. Parents and children

Parent 1: [________________________________] Address: [________________________________]

Phone: [________________________________] Email: [________________________________]

Parent 2: [________________________________] Address: [________________________________]

Phone: [________________________________] Email: [________________________________]

The parents ask the Court to find that this Plan serves each child's best interests. Relevant facts, including the child's needs, relationships, continuity of care, any abuse or threat of abuse, and the child's contact with each parent, are: [________________________________]. Frequent and continuing contact is a factor under MCA § 40-4-212(1)(l), subject to the Court's detriment determination after a hearing.

2. Residence and residential schedule

Custodian designation, if required by another statute: ☐ Parent 1 ☐ Parent 2. This designation is solely for statutes requiring custody designation and does not alter the parents' rights and responsibilities under this Plan (MCA § 40-4-234(2)(a)).

Child's legal residence: [________________________________]

Parent 1 legal residence: [________________________________]

Parent 2 legal residence: [________________________________]

Regular school year schedule:

Summer schedule: [________________________________]

Holidays, birthdays and school breaks supersede the regular schedule as specified here:

Transportation and exchanges: [________________________________]

Missed time and make up time: A parent unable to use scheduled time shall notify the other as soon as practicable. Any make up time requires written agreement or court order; schedule it here if agreed: [________________________________].

Child care during a parent's time (optional): [________________________________]. ☐ Before arranging third-party care for more than [____] hours, the scheduled parent will offer the other parent that period of care by [METHOD], with [____] hours to respond. ☐ No first-offer-of-care term.

3. Parenting decisions

The following allocation controls major decisions. A parent assigned sole authority may consult the other but need not obtain the other parent's consent unless this Plan states otherwise.

For a joint decision, the proposing parent shall provide details in writing. The parents shall discuss the matter in good faith. A lack of response does not by itself transfer decision making authority. If agreement is not reached, use Section 7.

Each parent may make day to day decisions while the child resides with that parent. Either parent may make emergency decisions affecting the child's health or safety and shall notify the other as soon as practicable (MCA § 40-4-234(5)).

School, medical and other records: Each parent may request information from the other parent or provider, subject to applicable privacy law and any protective order. The parents shall promptly share material school and health information: [________________________________].

4. Communication, safety and travel

Child and parent contact outside residential time: [________________________________]

Parent to parent communication method: ☐ Email ☐ Parenting application ☐ Through attorneys ☐ Other: [________________________________]

Safety or supervision terms approved by the Court, if any: [________________________________]

Additional needs or household arrangements: [SPECIAL EDUCATION, HEALTH EQUIPMENT, INFANT ROUTINE, SCHOOL ACTIVITIES, OR OTHER CHILD-SPECIFIC TERMS].

Existing protection order, if any: Court and case no. [________________________________]. This Plan does not modify that order.

Travel notice and itinerary: [________________________________]

A parent intending to change residence shall give written notice to the other unless precluded under MCA § 40-4-234. If the move will significantly affect the child's contact with the other parent, MCA § 40-4-217(2) requires a motion to amend the residential schedule and a proposed revised schedule filed with the appropriate court; the motion must be served personally or by certified mail at least 30 days before the proposed move and served under the Montana Rules of Civil Procedure on the other parent's attorney of record, if any. The statutory notice served with that motion must include the exact warning in § 40-4-217(2)(b). The served parent has 21 days after service to respond with an alternate proposed revised schedule if objecting. A proposed amended parenting plan must be filed and served with the motion and response under § 40-4-219(7). Written residence notice alone does not substitute for these requirements.

5. Financial provisions

Child support: ☐ Governed by separate order dated [__/__/____], case no. [________________________________] ☐ Proposed order attached ☐ Other court approved arrangement: [________________________________].

Health insurance for the child: ☐ Parent 1 ☐ Parent 2 ☐ Both, as specified: [________________________________].

Unreimbursed health and agreed child expenses: Parent 1 [____]% / Parent 2 [____]%; reimbursement method and deadline: [________________________________].

6. Review and amendment

Review date or event: [________________________________]. A review does not itself change a court order.

The Court may amend this Plan in its discretion under MCA § 40-4-219(1) if facts arising since the prior plan or unknown at entry show a change in the child's circumstances and amendment is necessary for the child's best interests. The required proposed amended plan must accompany a motion and response under § 40-4-219(7). The parents shall continue following the existing order until a court approves a change, except as another lawful order provides.

7. Disputes and enforcement

For a routine dispute, the parents shall first exchange their positions in writing through the method in Section 4 and allow [____] days for a reply. If safe and mutually agreed, they may use ☐ counseling ☐ mediation ☐ another process: [________________________________]. In an amendment case, the court may order a dispute resolution process only as allowed by MCA § 40-4-219(9), which excepts specified abuse, threats, and convictions. Either parent may seek court relief from a court with jurisdiction. A parent may seek immediate protective relief when the child's safety is at risk.

If a parent fails to follow this Plan, the other may ask the Court for an appropriate remedy, including enforcement, make up time, or a lawful amendment. Fees and costs are subject to applicable law and court order. Neither parent may change the other's parenting time as a self imposed penalty.

8. Agreement and court order

The parents have read this Plan, believe it serves the child(ren)'s best interests, and request Court approval.

Parent 1 signature: _________________________________ Date: [__/__/____]

Parent 2 signature: _________________________________ Date: [__/__/____]

Attorney for Parent 1, if any: [________________________________]

Attorney for Parent 2, if any: [________________________________]

Court order

The Court finds that this Plan serves the child(ren)'s best interests under MCA § 40-4-212 and approves and incorporates it into ☐ the final decree ☐ the amended decree ☐ another order: [________________________________].

Ordered on: [__/__/____]

District Court Judge: _________________________________

Sources and references

• MCA § 40-4-212 — child's best interests
• MCA § 40-4-217 — residence change notice
• MCA § 40-4-219 — amendment
• MCA §§ 40-4-233 and 40-4-234 — final parenting plan
• Montana Judicial Branch parenting forms