Montana Joint Parenting Plan (Shared Parental Responsibility)

JOINT PARENTING PLAN

(Shared Decision-Making and Substantially Equal Residential Time)

Pursuant to MCA § 40-4-233 and § 40-4-234

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

Case No.: [________________________________]

In the Matter of the Parenting of:

[________________________________], Minor Child(ren)

[________________________________], Parent A

and

[________________________________], Parent B

IMPORTANT NOTICE REGARDING MONTANA PARENTING TERMINOLOGY

Montana law does not use the terms "custody" or "visitation" in the same manner as many other states. Instead, Montana uses the framework of a "parenting plan" that allocates:

• Decision-making authority (equivalent to "legal custody" in other states)
• Residential schedule (equivalent to "physical custody" or "visitation" in other states)

This Joint Parenting Plan establishes shared decision-making and substantially equal residential time between both parents, consistent with the legislative preference under MCA § 40-4-212(1)(l) that frequent and continuing contact with both parents is in the child's best interest.

SECTION 1: PARTIES AND CHILDREN

1.1 Parent A

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Residential Address: [________________________________]
Mailing Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer/Occupation: [________________________________]

1.2 Parent B

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Residential Address: [________________________________]
Mailing Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer/Occupation: [________________________________]

1.3 Minor Child(ren)

1.4 Custodial Designation — Federal/State Statute Purposes Only (MCA § 40-4-234(2)(a))

For the sole purpose of compliance with other state and federal statutes (e.g., school enrollment, tax dependency, insurance):

☐ Parent A is designated as custodian
☐ Parent B is designated as custodian

This designation does not alter the shared decision-making or equal residential time established in this Plan.

1.5 Legal Residence of the Child(ren) (MCA § 40-4-234(2)(b))

For school enrollment and mailing purposes, the child(ren)'s legal residence is:

[________________________________]

Both parents' addresses shall be listed as approved addresses with the child(ren)'s school(s) and medical providers.

SECTION 2: GUIDING PRINCIPLES

2.1 Best Interest Standard (MCA § 40-4-212)

This Plan has been developed in accordance with the best interest factors of MCA § 40-4-212(1), including the parents' determination that:

(a) Both parents are fit, capable, and committed to the child(ren)'s welfare;
(b) Both parents can communicate and cooperate effectively regarding the child(ren);
(c) Frequent and continuing contact with both parents serves the child(ren)'s best interest (MCA § 40-4-212(1)(l));
(d) The child(ren) have meaningful relationships with both parents, siblings, and extended family;
(e) Neither parent has a history of physical abuse (MCA § 40-4-212(1)(f)) or chemical dependency (MCA § 40-4-212(1)(g)) that would impair parenting ability;
(f) Continuity and stability of care (MCA § 40-4-212(1)(h)) are best served by maintaining strong relationships with both parents.

2.2 Cooperative Parenting Commitment

The parents commit to:

• Treating each other with respect in all interactions, especially in the child(ren)'s presence;
• Making decisions collaboratively and in good faith;
• Keeping the child(ren) free from parental conflict;
• Supporting the child(ren)'s relationship with the other parent;
• Maintaining consistency between households to the extent reasonable; and
• Communicating promptly about matters affecting the child(ren).

SECTION 3: SHARED DECISION-MAKING AUTHORITY (MCA § 40-4-234(2)(h))

3.1 Joint Decision-Making

Both parents shall share equally in making major decisions regarding the child(ren) in the following areas as required by MCA § 40-4-234(2)(h):

(a) Education:

• School enrollment, school choice (public, private, charter, homeschool)
• Special education services, IEPs, 504 plans
• Tutoring and educational support
• College and post-secondary planning

(b) Spiritual Development:

• Religious upbringing and instruction
• Religious community participation
• Religious milestones (baptism, confirmation, bar/bat mitzvah, etc.)

(c) Health Care and Physical Growth:

• Selection of physicians, dentists, specialists, and other providers
• Non-emergency medical, dental, and vision treatment
• Vaccinations and immunizations
• Medications and ongoing treatment plans
• Surgical procedures (non-emergency)

(d) Mental and Behavioral Health:

• Selection of counselors, therapists, or psychiatrists
• Initiation of counseling or therapy
• Psychiatric medication decisions

(e) Extracurricular Activities:

• Sports teams, leagues, and competitions
• Arts, music, and cultural programs
• Clubs and organizations
• Summer camps and programs

3.2 Decision-Making Process

(a) Information Sharing: The parent who first learns of a decision to be made shall promptly inform the other parent and share all relevant information (e.g., school notices, medical recommendations, program details).

(b) Good Faith Consultation: Parents shall discuss the decision and consider the child(ren)'s best interest, developmental needs, preferences, and any professional recommendations.

(c) Timeline: Parents shall endeavor to reach agreement within [____] days of the initial discussion. Time-sensitive decisions shall be addressed promptly.

(d) Deadlock: If the parents cannot agree after good-faith efforts, they shall proceed to the dispute resolution process in Section 8.

(e) No Unilateral Action: Neither parent shall make a major decision unilaterally without the other parent's agreement, except in an emergency.

3.3 Day-to-Day Decisions (MCA § 40-4-234(5))

Each parent shall make day-to-day decisions regarding the child(ren)'s care, activities, meals, bedtime, homework, discipline, and similar routine matters during that parent's residential time.

3.4 Emergency Decisions (MCA § 40-4-234(5))

Either parent may make emergency decisions affecting the child(ren)'s health or safety without prior consultation. The parent making the emergency decision shall:

• Notify the other parent as soon as reasonably possible, and no later than 24 hours after the emergency;
• Provide all relevant details including location, nature of emergency, and treatment provided; and
• Consult regarding follow-up care and decisions.

SECTION 4: RESIDENTIAL SCHEDULE (MCA § 40-4-234(2)(c))

4.1 Equal-Time Residential Schedule

The parents shall share substantially equal residential time with the child(ren). Select one schedule:

☐ Option A — Alternating Weeks (7/7):
Week 1: Child(ren) reside with Parent A from [____] at [____] AM/PM to [____] at [____] AM/PM
Week 2: Child(ren) reside with Parent B on the same schedule
Exchange day: [____]

☐ Option B — 2-2-5-5 Schedule:
Parent A: Every Monday and Tuesday overnight
Parent B: Every Wednesday and Thursday overnight
Alternating extended weekends: Friday through Sunday night
(Results in approximately 50/50 time)

☐ Option C — 5-2-2-5 Schedule:
Parent A: Monday and Tuesday overnight every week
Parent B: Wednesday and Thursday overnight every week
Friday through Monday morning: Alternating weekends

☐ Option D — 2-2-3 Schedule:
Week 1: Parent A — Mon/Tue; Parent B — Wed/Thu; Parent A — Fri/Sat/Sun
Week 2: Parent B — Mon/Tue; Parent A — Wed/Thu; Parent B — Fri/Sat/Sun

☐ Option E — Custom Equal-Time Schedule:

[________________________________]
[________________________________]

4.2 Montana Geographic Considerations

Given Montana's rural geography and distances between communities, the parents acknowledge that their residences are approximately [____] miles apart. The following provisions apply:

☐ Both parents reside within the same community/school district; standard exchanges apply.
☐ Parents reside in different communities. The following mid-point exchange location is agreed upon: [________________________________]
☐ Extended-block scheduling (e.g., 2 weeks on / 2 weeks off) is used to reduce transitions across distance: [________________________________]

4.3 Exchange/Transition Logistics

Exchange Location: [________________________________]
Exchange Time: [____] AM/PM
Transportation:
☐ The receiving parent picks up the child(ren)
☐ Parents meet at the designated exchange location
☐ Other: [________________________________]

Exchange Conduct: Both parents shall ensure transitions are brief, positive, and conflict-free. Neither parent shall use the exchange as an opportunity to discuss disputes, financial matters, or contentious issues.

4.4 Holiday Schedule

Holidays supersede the regular residential schedule.

Montana-Specific Events (Optional):
☐ Montana State Fair (Great Falls): [________________________________]
☐ Hunting season opening: [________________________________]
☐ County fair / rodeo: [________________________________]
☐ Other: [________________________________]

4.5 Summer Schedule

☐ The regular residential schedule continues through summer.
☐ The following modified summer schedule applies:

[________________________________]

Each parent shall have [____] weeks of uninterrupted vacation time during summer, with at least [____] days' advance written notice including destination and contact information.

4.6 Right of First Refusal

If either parent is unavailable to personally care for the child(ren) for more than [____] consecutive hours during that parent's residential time, that parent shall:

(a) First offer the time to the other parent; and
(b) If the other parent declines or does not respond within [____] hours, arrange alternative care.

SECTION 5: COMMUNICATION AND INFORMATION SHARING

5.1 Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Telephone
☐ Text message
☐ Email
☐ Co-parenting application (specify): [________________________________]

All communications shall be respectful, factual, and focused on the child(ren)'s needs.

5.2 Parent-Child Communication

During the other parent's residential time, each parent shall have the right to contact the child(ren) via telephone or video call:

☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ As reasonably arranged between the parents
☐ Other: [________________________________]

The residential parent shall not monitor, restrict, or interfere with the child(ren)'s communication with the other parent.

5.3 Records and Information Access

Both parents shall have full and equal access to:

• School records, report cards, teacher communications, and parent-teacher conference scheduling
• Medical, dental, mental health, and vision records and provider access
• Extracurricular activity information and schedules
• Child care provider information

Each parent shall independently ensure they are registered as a parent/contact at all relevant schools and providers.

5.4 Non-Disparagement

Neither parent shall make disparaging remarks about the other parent, the other parent's family, or household members in the child(ren)'s presence or hearing. Neither parent shall allow others in their household to do so.

SECTION 6: RELOCATION (MCA § 40-4-217)

6.1 Notice Requirement

Pursuant to MCA § 40-4-217, a parent who intends to change residence shall provide written notice to the other parent. If the change will significantly affect the child(ren)'s contact with the other parent, the relocating parent must file a motion to amend the residential schedule at least 30 days before the proposed move.

6.2 Required Statutory Notice Language

Any notice of relocation must include the statement required by MCA § 40-4-217(3) advising the non-relocating parent that failure to file a response and alternate revised residential schedule within 21 days constitutes acceptance of the proposed schedule.

6.3 Impact on Joint Parenting Arrangement

The parents acknowledge that this Joint Parenting Plan depends on both parents residing within reasonable proximity to each other and to the child(ren)'s school. A significant relocation by either parent will likely require amendment of this Plan under MCA § 40-4-219.

SECTION 7: ADDITIONAL PROVISIONS

7.1 Parenting Education (MCA § 40-4-226)

☐ Both parents have completed a court-sanctioned educational program on the effects of dissolution on children.
☐ The Court has ordered both parents to complete such a program by [__/__/____].
☐ Not applicable.

7.2 Substance Use Restrictions

Neither parent shall consume alcohol to impairment or use illegal substances during residential time or within 12 hours prior to the start of residential time. Neither parent shall drive with the child(ren) while impaired.

7.3 Firearms Safety

All firearms in either parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

7.4 Health Insurance and Medical Expenses

☐ Parent A ☐ Parent B ☐ Both parents shall maintain health, dental, and vision insurance for the child(ren).

Unreimbursed medical, dental, vision, and mental health expenses shall be shared:
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%

7.5 Tax Dependency

The child(ren) shall be claimed as dependents for tax purposes as follows:
☐ Parents alternate years (Parent A — even years; Parent B — odd years)
☐ Parents divide children: [________________________________]
☐ Other: [________________________________]

7.6 Introduction of New Partners

Neither parent shall introduce a new romantic partner to the child(ren) until the relationship has been stable for at least [____] months. Overnight visits by a new romantic partner while the child(ren) are present shall not occur until:
☐ [____] months of a stable relationship
☐ The partner has been introduced to the child(ren) for at least [____] months
☐ Other: [________________________________]

7.7 Consistency Between Households

The parents shall make reasonable efforts to maintain consistent:

• Bedtimes and sleep routines
• Homework expectations and routines
• Screen time limits
• Behavioral expectations and discipline approaches
• Dietary considerations (especially if health-related)

SECTION 8: DISPUTE RESOLUTION (MCA § 40-4-234(2)(i))

8.1 Process

Step 1 — Direct Communication: Parents shall attempt to resolve disputes through respectful discussion within [____] days.

Step 2 — Mediation: If unresolved, parents shall attend mediation with a qualified mediator before filing any court action.

Mediator/Service: [________________________________]
Cost allocation: ☐ Equal ☐ Proportional to income ☐ Other: [________________________________]

Step 3 — Court Intervention: If mediation fails, either parent may petition the Montana [____] Judicial District Court, [________________________________] County.

8.2 Emergency Exception

Either parent may seek immediate court intervention when the child(ren)'s health, safety, or welfare is at imminent risk, without first completing Steps 1-2.

SECTION 9: SANCTIONS AND ENFORCEMENT (MCA § 40-4-234(2)(g))

Violation of this Plan may result in:

(a) Make-up residential time;
(b) Contempt of court;
(c) Amendment of the parenting plan;
(d) Attorney's fees awarded to the prevailing parent; and
(e) Any other remedy available under Montana law.

SECTION 10: AMENDMENT AND REVIEW

10.1 Amendment (MCA § 40-4-219)

This Plan may be amended by stipulated written agreement of both parents (filed with and approved by the Court) or by court order upon a showing of changed circumstances under MCA § 40-4-219.

10.2 Periodic Review (MCA § 40-4-234(2)(f))

The parents agree to review this Plan:
☐ Annually
☐ At each school transition (elementary to middle, middle to high school)
☐ Upon the request of either parent
☐ Other: [________________________________]

SECTION 11: GOVERNING LAW AND JURISDICTION

This Plan is governed by Montana law, MCA Title 40, Chapter 4, Part 2. The Montana [____] Judicial District Court, [________________________________] County, retains continuing, exclusive jurisdiction.

SECTION 12: EXECUTION

We, the undersigned parents, affirm that we have read and understand this Joint Parenting Plan, that it serves the best interest of our child(ren), and that we enter into it voluntarily.

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

COURT APPROVAL

ORDER

The Court, having reviewed the foregoing Joint Parenting Plan and finding that it satisfies MCA § 40-4-234 and serves the best interest of the child(ren) under MCA § 40-4-212, hereby APPROVES and INCORPORATES this Plan into the:

☐ Decree of Dissolution of Marriage
☐ Parenting Plan Order
☐ Other: [________________________________]

in Cause No. [________________________________].

IT IS SO ORDERED this [____] day of [________________], 20[____].

_________________________________
District Court Judge
Montana [____] Judicial District
[________________________________] County

SOURCES AND REFERENCES

• MCA § 40-4-212 — Best Interest of Child: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0120/0400-0040-0020-0120.html
• MCA § 40-4-217 — Notice of Intent to Move: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0170/0400-0040-0020-0170.html
• MCA § 40-4-219 — Amendment of Parenting Plan: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0190/0400-0040-0020-0190.html
• MCA § 40-4-233 — Final Parenting Plan Purpose: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0330/0400-0040-0020-0330.html
• MCA § 40-4-234 — Final Parenting Plan Criteria: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0340/0400-0040-0020-0340.html
• Montana Judicial Branch — Child Custody Forms: https://courts.mt.gov/forms/childcustody
• Montana Judicial Branch — District Courts: https://courts.mt.gov/courts/dcourt/