Montana Final Parenting Plan

MONTANA FINAL PARENTING PLAN

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)

[________________________________], Petitioner/Parent A

and

[________________________________], Respondent/Parent B

NOTICE TO PARTIES

Under MCA § 40-4-234(1), each parent or both parents jointly must submit to the Court, in good faith, a proposed final parenting plan. This Plan must be incorporated into any final decree or amended decree, including cases of dissolution by default. Montana law requires every proceeding involving a child — whether dissolution, declaration of invalidity, legal separation, or standalone parenting action — to include a final parenting plan.

SECTION 1: IDENTIFYING INFORMATION

1.1 Parent A

1.2 Parent B

1.3 Minor Child(ren)

1.4 Custodial Designation (MCA § 40-4-234(2)(a))

Solely for purposes of all other state and federal statutes that require a designation of custodian:

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

Note: This designation is required by MCA § 40-4-234(2)(a) for purposes of other laws (e.g., tax dependency, school enrollment, UCCJEA) and does not alter the parenting rights established in this Plan.

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

The legal residence of the child(ren) for purposes of school enrollment and mailing shall be:

[________________________________]

SECTION 2: OBJECTIVES OF THIS PARENTING PLAN

Pursuant to MCA § 40-4-233, the objectives of this Plan are to:

(a) Protect the best interest of each child;

(b) Maintain the child's emotional stability and minimize the child's exposure to parental conflict;

(c) Provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future amendment;

(d) Set forth the authority and responsibilities of each parent with respect to each child; and

(e) Encourage the parents to meet their responsibilities through agreements in this Plan rather than through judicial intervention.

SECTION 3: BEST INTEREST FACTORS (MCA § 40-4-212)

The parents acknowledge that this Plan has been developed with consideration of all relevant factors under MCA § 40-4-212(1), including:

(a) The wishes of the child's parent or parents;
(b) The wishes of the child;
(c) The interaction and interrelationship of the child with the child's parent or parents, siblings, and any other person who significantly affects the child's best interest;
(d) The child's adjustment to home, school, and community;
(e) The mental and physical health of all individuals involved;
(f) Physical abuse or threat of physical abuse by one parent against the other parent or the child;
(g) Chemical dependency (as defined in MCA § 53-24-103) or chemical abuse on the part of either parent;
(h) Continuity and stability of care;
(i) Developmental needs of the child;
(j) Whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay;
(k) Whether a parent has knowingly failed to financially support a child that the parent is able to support;
(l) Whether the child has frequent and continuing contact with both parents, which is in the child's best interest unless contact with a parent would be detrimental; and
(m) Adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.

3.1 Child's Preference (MCA § 40-4-212(1)(b))

☐ The child(ren) are not of sufficient age and capacity to express a meaningful preference.
☐ The following child(ren) have expressed a preference, which the Court may consider:

[________________________________]

3.2 Domestic Violence / Abuse History (MCA § 40-4-212(1)(f))

☐ Neither parent has a history of physical abuse or threat of physical abuse.
☐ The following history exists and has been addressed in this Plan:

[________________________________]

3.3 Chemical Dependency / Substance Abuse (MCA § 40-4-212(1)(g))

☐ Neither parent has a history of chemical dependency or chemical abuse.
☐ The following history exists and has been addressed in this Plan:

[________________________________]

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

4.1 Regular Residential Schedule

The child(ren) shall reside with each parent according to the following schedule:

Select one arrangement:

☐ Option A — Alternating Weeks:
Parent A: From [____] at [____] AM/PM to [____] at [____] AM/PM
Parent B: The alternating week on the same schedule

☐ Option B — 5-2-2-5 Schedule:
Parent A: Every Monday and Tuesday overnight
Parent B: Every Wednesday and Thursday overnight
Alternating weekends: Friday after school through Monday morning school drop-off

☐ Option C — Primary Residence with Parenting Time:
Primary residence with: ☐ Parent A ☐ Parent B
Other parent's regular parenting time:

• Every other weekend: Friday at [____] PM through Sunday at [____] PM
• Midweek: [____] from [____] PM to [____] PM
• Additional: [________________________________]

☐ Option D — Custom Schedule:

Parent A's Residential Time:
[________________________________]
[________________________________]

Parent B's Residential Time:
[________________________________]
[________________________________]

4.2 Exchange/Transition Details

Exchange Location: [________________________________]
(Common Montana locations: parent's residence, school/daycare, public location such as library or community center)

Transportation Responsibility:
☐ The receiving parent shall pick up the child(ren)
☐ The delivering parent shall drop off the child(ren)
☐ Other arrangement: [________________________________]

Note on Montana Geography: Given distances between communities in Montana, the parents agree to the following transportation arrangements for exchanges involving travel exceeding [____] miles:

[________________________________]

4.3 Holiday Schedule

Holidays supersede the regular residential schedule. Unless otherwise specified, holiday time begins at [____] AM/PM and ends at [____] AM/PM.

4.4 Summer / Extended Break Schedule

School Year End Date (approximate): [__/__/____]
School Year Start Date (approximate): [__/__/____]

During summer break:
☐ The regular residential schedule continues
☐ The following summer schedule applies:

Parent A's summer residential time: [________________________________]
Parent B's summer residential time: [________________________________]

4.5 Vacation / Extended Travel

Each parent shall be entitled to [____] weeks of uninterrupted vacation time with the child(ren) each calendar year, with at least [____] days' advance written notice to the other parent. Vacation periods supersede the regular schedule.

☐ Out-of-state travel requires [____] days' advance written notice including itinerary and contact information.
☐ International travel requires written consent of both parents.

4.6 Schedule for Infant/Toddler (if applicable)

☐ Not applicable
☐ For child(ren) under age 3, the following modified schedule applies to account for developmental needs (MCA § 40-4-212(1)(i)):

[________________________________]

This schedule shall convert to the regular schedule in Section 4.1 when the child reaches age [____] or upon further agreement or court order.

SECTION 5: PARENTAL DECISION-MAKING AUTHORITY (MCA § 40-4-234(2)(h))

5.1 Allocation of Decision-Making

MCA § 40-4-234(2)(h) requires allocation of parental decision-making authority. The parents agree as follows:

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

Pursuant to MCA § 40-4-234(5), each parent may make day-to-day decisions regarding the child while the child is residing with that parent. Either parent may make emergency decisions affecting the health or safety of the child.

5.3 Joint Decision-Making Protocol

Where joint decision-making is designated above, the parents shall:

(a) Consult in good faith before making any major decision;
(b) Share all relevant information including school notices, medical reports, and evaluations;
(c) Attempt to reach agreement within [____] days of the initial discussion;
(d) If unable to agree, follow the dispute resolution process in Section 9 of this Plan.

5.4 Emergency Decisions

Either parent may make emergency decisions affecting the health or safety of the child 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.

SECTION 6: COMMUNICATION AND INFORMATION SHARING

6.1 Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:

☐ Telephone
☐ Text message
☐ Email
☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents)
☐ Other: [________________________________]

6.2 Parent-Child Communication

The parent not currently exercising residential time shall have reasonable contact with the child(ren), including:

☐ Daily telephone/video contact at approximately [____] AM/PM for up to [____] minutes
☐ Other arrangement: [________________________________]

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

6.3 Information Sharing

Both parents shall have full and equal access to:

• School records, report cards, progress reports, and teacher communications
• Medical, dental, and mental health records
• Extracurricular activity schedules and communications
• Child care provider information

Each parent shall independently ensure they are listed as a contact at the child(ren)'s school and with medical providers. The designated custodian (Section 1.4) shall assist in ensuring the other parent has access.

6.4 Non-Disparagement

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

SECTION 7: UNIQUE CIRCUMSTANCES (MCA § 40-4-234(2)(j))

MCA § 40-4-234(2)(j) requires consideration of unique circumstances that facilitate a meaningful, ongoing relationship between the child and each parent. The parents identify the following:

☐ Special medical or therapeutic needs of the child(ren): [________________________________]
☐ Child's involvement in school or community activities requiring specific scheduling: [________________________________]
☐ Geographic distance between parents' residences: [________________________________]
☐ Military service of a parent (MCA § 40-4-212(2)): [________________________________]
☐ Work schedule considerations (shift work, seasonal employment, agricultural work): [________________________________]
☐ Other unique circumstances: [________________________________]

SECTION 8: RELOCATION / NOTICE OF INTENT TO MOVE (MCA § 40-4-217)

8.1 Statutory Notice Requirement

Pursuant to MCA § 40-4-217, a parent who intends to change residence shall provide written notice to the other parent. If a parent's change of residence will significantly affect the child's contact with the other parent, the relocating parent must file a motion for amendment of the residential schedule and a proposed revised schedule with the Court not less than 30 days before the proposed change.

8.2 Required Notice Language (MCA § 40-4-217(3))

Any notice of intent to move must contain the following statement:

"The relocation of the child may be permitted and the proposed revised residential schedule may be ordered by the court without further proceedings unless within 21 days you file a response and alternate revised residential schedule with the court and serve your response on the person proposing the move and all other persons entitled by the court order to residential time or visitation with the child."

8.3 Response Deadline

The parent who receives notice has 21 days after service to file a response. Failure to respond within 21 days constitutes acceptance of the proposed revised residential schedule under MCA § 40-4-217.

8.4 Additional Relocation Provisions

The parents further agree:

☐ Either parent may relocate within [________________________________] County/Counties without triggering the amendment process, provided 30 days' written notice is given.
☐ Other relocation provisions: [________________________________]

SECTION 9: DISPUTE RESOLUTION (MCA § 40-4-234(2)(i))

9.1 Dispute Resolution Method

MCA § 40-4-234(2)(i) requires this Plan to establish a method for resolving future disputes other than court action. The parents agree to the following process:

Step 1 — Direct Communication: Parents shall first attempt to resolve disagreements through direct, respectful discussion (in person, by phone, or in writing) within [____] days.

Step 2 — Mediation: If direct communication does not resolve the dispute, the parents shall participate in mediation with a qualified mediator before seeking court intervention.

☐ The parents agree to use the following mediator or mediation service: [________________________________]
☐ The parents shall select a mediator from a list maintained by the [____] Judicial District or the Montana Mediation Association.

Mediation Costs: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________]

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

9.2 Exception — Emergency

Nothing in this Section prevents either parent from seeking immediate court intervention when the child's health, safety, or welfare is at risk.

9.3 Mediation in Parenting Plan Amendment (MCA § 40-4-219)

Before filing a motion to amend this Parenting Plan, the parents shall participate in mediation unless:
(a) A party demonstrates that mediation would be inappropriate due to domestic violence;
(b) The court waives mediation for good cause; or
(c) An emergency exists requiring immediate court action.

SECTION 10: SANCTIONS FOR NONCOMPLIANCE (MCA § 40-4-234(2)(g))

10.1 Consequences for Violations

MCA § 40-4-234(2)(g) requires this Plan to include sanctions for noncompliance. The parents agree:

(a) Denial of Residential Time: Denial of the other parent's residential time without good cause may result in make-up time, contempt of court, and reallocation of attorney's fees.

(b) Contempt of Court: Willful violation of any provision of this Plan may result in contempt of court proceedings under Montana law, including possible fines and incarceration.

(c) Make-Up Residential Time: A parent who is denied residential time without good cause shall be entitled to make-up time of equal duration within 30 days.

(d) Attorney's Fees: The parent who substantially prevails in an enforcement proceeding may be awarded reasonable attorney's fees and costs.

(e) Modification: Repeated or serious violations may constitute grounds for amendment of this Plan under MCA § 40-4-219.

SECTION 11: ADDITIONAL PROVISIONS

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

☐ Both parents have completed a court-sanctioned educational program on the effects of dissolution on children, as authorized by MCA § 40-4-226.
☐ The Court has ordered both parents to complete such a program by [__/__/____].
☐ Parenting education is not required by the Court in this proceeding.

11.2 Substance Use Restrictions

Neither parent shall consume alcohol to the point of impairment or use any illegal substance during residential time or within 12 hours before the start of residential time. Neither parent shall operate a motor vehicle while impaired with the child(ren) as passengers.

11.3 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), in compliance with responsible storage practices.

11.4 Introduction of New Partners

If either parent develops a new romantic relationship, the parent shall use good judgment in introducing the new partner to the child(ren) and shall not allow a new romantic partner to have overnight visits while the child(ren) are present until:

☐ The relationship has been stable for at least [____] months
☐ Other: [________________________________]

11.5 Right of First Refusal

☐ Not applicable
☐ If either parent is unable to care for the child(ren) for more than [____] consecutive hours during that parent's residential time, that parent shall first offer the other parent the opportunity to care for the child(ren) before arranging third-party care.

11.6 Health Insurance and Medical Expenses

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

Unreimbursed medical expenses (co-pays, deductibles, non-covered treatment) shall be allocated:
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

11.7 Child Support

Child support, if any, shall be addressed in a separate child support order pursuant to Montana child support guidelines. This Plan does not establish, modify, or terminate child support obligations.

11.8 Tax Dependency Exemption

The child(ren) shall be claimed as dependents for federal and state income tax purposes as follows:

☐ Parent A claims all child(ren) each year
☐ Parent B claims all child(ren) each year
☐ Parents alternate years (Parent A — even years; Parent B — odd years)
☐ Parents divide children: Parent A claims [________________________________]; Parent B claims [________________________________]
☐ Other: [________________________________]

SECTION 12: PERIODIC REVIEW (MCA § 40-4-234(2)(f))

The parents agree to review this Parenting Plan:

☐ Annually on or about [__/__/____]
☐ When a child transitions from elementary to middle school, or middle school to high school
☐ Upon the request of either parent
☐ Other: [________________________________]

Reviews are intended to address the child's changing needs as the child grows and matures, consistent with MCA § 40-4-233(c). Any changes to this Plan must be in writing and signed by both parents, and submitted to the Court for approval.

SECTION 13: AMENDMENT OF THIS PLAN (MCA § 40-4-219)

This Parenting Plan may be amended by:

(a) Stipulated Amendment: Written agreement of both parents, filed with and approved by the Court; or

(b) Court-Ordered Amendment: Petition by either parent under MCA § 40-4-219, upon a showing that a change has occurred in the circumstances of the child since the prior plan (or facts were unknown to the Court at entry), and that amendment is necessary to serve the best interest of the child.

Note: Under MCA § 40-4-219, the Court generally may not amend this Plan within 6 months of its entry, except in emergency circumstances. A proposed amended plan must be filed with any motion for amendment.

SECTION 14: GOVERNING LAW AND JURISDICTION

This Plan is governed by Montana family law, including but not limited to MCA Title 40, Chapter 4, Part 2. The Montana [____] Judicial District Court, [________________________________] County, retains continuing, exclusive jurisdiction to interpret, enforce, and modify this Plan.

SECTION 15: EXECUTION

We, the undersigned parents, affirm that:

(a) We have read and understand this Parenting Plan in its entirety;
(b) We believe this Plan serves the best interest of our child(ren);
(c) We enter into this Plan voluntarily, without coercion or duress;
(d) We understand that violation of this Plan may result in contempt of court; and
(e) We understand that this Plan must be approved by the Court and incorporated into a court order to be enforceable.

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

COURT APPROVAL

ORDER

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

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

entered 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 — Mediation: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0190/0400-0040-0020-0190.html
• MCA § 40-4-226 — Court-Sanctioned Educational Program: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0260/0400-0040-0020-0260.html
• MCA § 40-4-233 — Final Parenting Plan — Purpose and Objectives: 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/