Montana Sole Parental Responsibility Parenting Plan

PARENTING PLAN — SOLE DECISION-MAKING AUTHORITY

Pursuant to MCA § 40-4-233, § 40-4-234, and § 40-4-212

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

IMPORTANT NOTICE REGARDING SOLE DECISION-MAKING IN MONTANA

Montana courts consider whether the child has frequent and continuing contact with both parents as a best interest factor. The court may find after a hearing that contact with a parent would be detrimental to the child's best interests. Physical abuse or its threat (MCA § 40-4-212(1)(f)), chemical dependency or abuse (MCA § 40-4-212(1)(g)), and other relevant factors must be considered in the child's particular circumstances (MCA § 40-4-212(1)(l)).

This Plan allocates sole decision-making authority to one parent ("Primary Parent") while establishing appropriate residential time for the other parent ("Other Parent"), consistent with the child(ren)'s safety and best interest.

SECTION 1: PARTIES AND CHILDREN

1.1 Primary Parent (Sole Decision-Making Authority)

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

1.2 Other Parent

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

1.3 Minor Child(ren)

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

If the court approves this designation, the Primary Parent is designated as custodian of the child(ren) solely for purposes of state and federal statutes requiring a custody designation; the designation does not alter either parent's rights or responsibilities under this Plan (MCA § 40-4-234(2)(a)).

1.5 Legal Residence (MCA § 40-4-234(2)(b))

The legal residence of the child(ren) is:

[________________________________]

SECTION 2: BASIS FOR SOLE DECISION-MAKING

2.1 Best Interest Factors Supporting This Arrangement (MCA § 40-4-212)

Sole decision-making authority is proposed for the Primary Parent based on the following factors under MCA § 40-4-212(1), subject to the Court's findings and approval:

☐ (f) Physical abuse or threat of physical abuse by one parent against the other or the child, including:
[________________________________]

☐ (g) Chemical dependency or chemical abuse (as defined in MCA § 53-24-103) — The Other Parent has a history of:
[________________________________]

☐ (d) Child's adjustment to home, school, and community — The child(ren) are established in:
[________________________________]

☐ (h) Continuity and stability of care — The Primary Parent has been the primary caregiver:
[________________________________]

☐ (e) Mental or physical health of any individual involved:
[________________________________]

☐ (b) Wishes of the child — The child(ren) of sufficient age and capacity have expressed:
[________________________________]

☐ (a) Wishes of the parents — Both parents agree that sole decision-making is appropriate.

☐ Other factors:
[________________________________]

2.2 Domestic Violence Findings (If Applicable)

☐ Not applicable
☐ The Court has found physical abuse or a threat of physical abuse by the Other Parent against the Primary Parent or the child (finding/order: [________________________________]).
☐ A temporary or permanent order of protection has been issued (Case No.: [________________________________])
☐ The Other Parent has completed / is ordered to complete a batterer's intervention program

2.3 Chemical Dependency Findings (If Applicable)

☐ Not applicable
☐ The Other Parent has been diagnosed with chemical dependency as defined in MCA § 53-24-103(4)
☐ The Other Parent is required to complete substance abuse treatment at: [________________________________]
☐ The Other Parent is subject to random drug/alcohol testing

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

3.1 Scope of Authority

The Primary Parent shall have sole authority to make all major decisions regarding the child(ren), including:

(a) Education:

• School enrollment, transfers, and school choice
• Special education services, IEP decisions, 504 plans
• Tutoring, homeschooling decisions
• College and post-secondary planning

(b) Spiritual Development:

• Religious upbringing, instruction, and community participation
• Religious milestones and ceremonies

(c) Health Care and Physical Growth:

• Selection of all medical, dental, and vision providers
• Authorization of non-emergency medical treatment, medications, vaccinations
• Surgical procedures
• Selection of mental health professionals (counselors, therapists, psychiatrists)
• Initiation and continuation of therapy or psychiatric care

(d) Extracurricular Activities:

• Enrollment in sports, arts, camps, clubs, and other programs

(e) Travel:

• Authorization of domestic and international travel

3.2 Consultation (Not Required, But Encouraged)

The Primary Parent is not required to obtain the Other Parent's consent before making major decisions. However, the Primary Parent is encouraged to:

• Inform the Other Parent of major decisions in advance when practicable;
• Consider the Other Parent's input, particularly regarding matters that affect the Other Parent's residential time; and
• Provide the Other Parent with information about the child(ren)'s school, health, and activities.

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

Each parent shall make day-to-day decisions during their respective residential time. Either parent may make emergency health or safety decisions.

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

4.1 Primary Residence

The child(ren) shall reside primarily with the Primary Parent at:

[________________________________]

4.2 Other Parent's Residential Time

Select one:

☐ Option A — Standard Residential Time (Unsupervised):

• Alternating weekends: Friday at [____] PM through Sunday at [____] PM
• One midweek period: [____] from [____] PM to [____] PM
• Extended summer: [____] weeks with [____] days' advance written notice
• Holiday schedule per Section 4.4

☐ Option B — Graduated/Step-Up Residential Time:
Phase 1 (Months 1-[____]):
[________________________________]

Phase 2 (Months [____]-[____]):
[________________________________]

Phase 3 (Months [____]+):
[________________________________]

Review of progress: The parents (or the Court) shall review the Other Parent's step-up progress on or about [__/__/____].

☐ Option C — Supervised Residential Time:

• Frequency: [________________________________]
• Duration: [________________________________]
• Supervisor: ☐ Professional supervisor ☐ Approved third party: [________________________________]
• Location: ☐ Supervised visitation center ☐ Other: [________________________________]
• Cost of supervision: ☐ Other Parent ☐ Shared ☐ Other: [________________________________]

Conditions for modification of supervision:
☐ Completion of [________________________________] (treatment program, parenting classes, etc.)
☐ Clean drug/alcohol testing for [____] consecutive months
☐ Psychological evaluation with favorable recommendation
☐ Other: [________________________________]

Review date for supervision requirements: [__/__/____]

☐ Option D — No Residential Time:
The Other Parent shall have no residential time with the child(ren) at this time due to:
[________________________________]

The Other Parent may move for amendment under MCA § 40-4-219, subject to its statutory findings and procedures.

☐ Option E — Custom Schedule:
[________________________________]
[________________________________]

4.3 Exchange/Transition Details

Exchange Location:
☐ Primary Parent's residence
☐ Other Parent's residence
☐ School/daycare
☐ Neutral public location: [________________________________]
☐ Supervised exchange location: [________________________________]

Transportation: [________________________________]

Exchange Conduct:

• Exchanges shall be brief and conflict-free
• Neither parent shall interrogate the child(ren) about the other parent's household
• The child(ren) shall have all necessary belongings (medications, school materials, clothing) for each transition

4.4 Holiday Schedule

4.5 Summer Schedule

☐ Regular schedule continues
☐ Modified summer schedule:
[________________________________]

4.6 Vacation Time

The Other Parent may have [____] weeks of vacation time per year with at least [____] days' advance written notice including itinerary and contact information.

☐ Out-of-state travel by the Other Parent requires written consent of the Primary Parent.
☐ International travel by the Other Parent is prohibited unless approved by the Court.

SECTION 5: COMMUNICATION

5.1 Parent-Child Communication

During the Primary Parent's residential time, the Other Parent shall have:
☐ Daily telephone/video contact at approximately [____] AM/PM for up to [____] minutes
☐ Reasonable telephone/video contact as arranged
☐ Communication limited to: [________________________________]
☐ No direct contact (communication through [________________________________])

The Primary Parent shall facilitate reasonable communication and shall not monitor, record, or restrict calls unless ordered by the Court.

5.2 Parent-to-Parent Communication

Parents shall communicate through:
☐ Email only
☐ Co-parenting application: [________________________________]
☐ Through attorneys only (if domestic violence or high-conflict)
☐ Other: [________________________________]

5.3 Information Access

Subject to applicable privacy law and any protective order, the Other Parent may request access to:

• School records (directly from the school)
• Medical records (directly from providers, with appropriate authorization)
• Information about extracurricular activities and school events

The Primary Parent shall notify the Other Parent of:
☐ Emergencies, hospitalizations, and serious illnesses within [____] hours
☐ School conferences and events with [____] days' notice
☐ Changes in the child(ren)'s address or contact information within [____] days

5.4 Non-Disparagement

Neither parent shall make disparaging remarks about the other parent or the other parent's family in the child(ren)'s presence or hearing.

SECTION 6: RESTRICTIONS AND PROTECTIVE PROVISIONS

6.1 Substance Use (MCA § 40-4-212(1)(g))

☐ Neither parent shall use alcohol to impairment or illegal substances during residential time.
☐ The Other Parent shall not consume any alcohol during residential time or within [____] hours before.
☐ The Other Parent shall submit to random drug/alcohol testing: [________________________________]
☐ If a test is positive or refused, the parties shall follow this court-approved interim safety schedule pending prompt court review: [________________________________].

6.2 Abuse and Protection Order Provisions (MCA § 40-4-212(1)(f))

☐ Not applicable
☐ The Other Parent shall have no contact with the Primary Parent except as specified in Section 5.2.
☐ The Other Parent shall not come within [____] feet of the Primary Parent's residence, workplace, or the child(ren)'s school, except for scheduled exchanges at the designated location.
☐ Active order of protection is in effect (Case No.: [________________________________]). This Plan does not modify that order.

6.3 Firearms Safety

☐ During residential time, firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

☐ If approved by the Court, the Other Parent shall not possess firearms during residential time under this Plan (basis: [________________________________]). Any separate protection order or other applicable law also controls.

6.4 Third-Party Restrictions

☐ The Other Parent shall not allow [________________________________] to be present during residential time.
☐ The Other Parent shall not leave the child(ren) in the care of [________________________________].

6.5 Travel Restrictions

☐ The Other Parent shall not remove the child(ren) from [________________________________] County/Counties without written consent of the Primary Parent.
☐ The Other Parent shall not remove the child(ren) from the State of Montana without written consent of the Primary Parent or court order.
☐ Passports for the child(ren) shall be held by: [________________________________]

SECTION 7: RELOCATION (MCA § 40-4-217)

7.1 Primary Parent Relocation

Unless precluded under MCA § 40-4-234, the Primary Parent shall give the Other Parent written notice before an intended change of residence under MCA § 40-4-217(1). If the move will significantly affect the child(ren)'s contact with the Other Parent, the Primary Parent shall file a motion for amendment of the residential schedule and a proposed revised residential schedule with the court specified in § 40-4-217(2)(a), serve the motion personally or by certified mail on the Other Parent at least 30 days before the move, and serve the Other Parent's attorney of record under the Montana Rules of Civil Procedure if there is one. The significant-contact test applies whether the move stays within Montana or crosses the state line.

7.2 Other Parent Relocation

Unless precluded under MCA § 40-4-234, the Other Parent shall give the Primary Parent written notice before an intended change of residence. If that move significantly affects the child(ren)'s contact with the Primary Parent, the motion, schedule, and service requirements in MCA § 40-4-217(2) apply.

7.3 Statutory Notice Requirements

The notice served with a motion under MCA § 40-4-217(2) must include the exact warning in § 40-4-217(2)(b) regarding the 21-day response period. Written notice under subsection (1) alone has no such mandatory warning.

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

8.1 Dispute Resolution Process

Note: Because this Plan allocates sole decision-making authority to the Primary Parent, disputes regarding major decisions (education, health care, spiritual development) are resolved by the Primary Parent's decision. Disputes regarding compliance with this Plan shall be resolved as follows:

Step 1 — Written Communication: The aggrieved parent shall provide written notice of the dispute.

Step 2 — Further resolution: If unresolved within [____] days, the parents shall use the selected process, if safe and applicable:

☐ Written exchange ☐ Counseling ☐ Mediation ☐ Other: [________________________________]

Mediation is not required by this Plan in a case of physical, sexual, or emotional abuse or threat of such abuse by one parent against the other parent or the child, or a conviction listed in MCA § 40-4-219(8)(b). The court may order a dispute resolution process in an amendment case only as allowed by § 40-4-219(9).

Step 3 — Court: Either parent may seek appropriate relief from a court with jurisdiction. This Plan does not delay a request for emergency protection.

8.2 Emergency

Either parent may seek immediate court intervention when the child(ren)'s safety is at imminent risk.

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

Violation of this Plan may result in:

(a) Make-up residential time;
(b) Contempt of court;
(c) Suspension or further restriction of residential time;
(d) Amendment of the parenting plan;
(e) Attorney's fees when authorized by law and awarded by the Court; and
(f) Any other remedy under Montana law.

SECTION 10: HEALTH INSURANCE AND EXPENSES

☐ The Primary Parent ☐ The Other Parent shall maintain health, dental, and vision insurance for the child(ren).

Unreimbursed medical expenses shall be allocated:
☐ 100% to the Primary Parent
☐ 100% to the Other Parent
☐ Proportionally: Primary Parent [____]% / Other Parent [____]%

SECTION 11: AMENDMENT AND REVIEW

11.1 Amendment (MCA § 40-4-219)

Under MCA § 40-4-219(1), the Court may amend this Plan in its discretion if facts arising since entry or unknown to the Court at entry show a change in the child's circumstances and amendment is necessary for the child's best interests. A proposed amended parenting plan must be filed and served with a motion or response under § 40-4-219(7). A parent seeking increased decision-making authority or residential time may present evidence including:

☐ Completion of required treatment programs
☐ Sustained sobriety for [____] months with documentation
☐ Completion of parenting classes
☐ Favorable psychological evaluation
☐ Demonstrated stable housing and employment
☐ Absence of further incidents of domestic violence
☐ Other: [________________________________]

11.2 Periodic Review

☐ This Plan shall be reviewed on [__/__/____]
☐ The supervised residential time (if any) shall be reviewed every [____] months
☐ Other: [________________________________]

SECTION 12: GOVERNING LAW AND JURISDICTION

This Plan is governed by Montana law, MCA Title 40, Chapter 4, Part 2. Any future proceeding must be brought in a court that has jurisdiction under applicable law.

SECTION 13: EXECUTION

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

PRIMARY PARENT:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

OTHER PARENT:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

COURT ORDER

The Court, having reviewed the foregoing Parenting Plan and finding that sole decision-making authority with the Primary Parent:

1. Serves the best interest of the child(ren) under MCA § 40-4-212;
2. Is supported by the factors identified in Section 2;
3. Satisfies the requirements of MCA § 40-4-234; and
4. Provides appropriate residential time for the Other Parent consistent with the child(ren)'s safety;

hereby APPROVES and INCORPORATES this Parenting 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
• MCA § 53-24-103 — Chemical Dependency Definition: https://mca.legmt.gov/bills/mca/title_0530/chapter_0240/part_0010/section_0030/0530-0240-0010-0030.html
• Montana Judicial Branch — Child Custody Forms: https://courts.mt.gov/forms/childcustody