Montana Interim Parenting Plan (Temporary Custody)

INTERIM PARENTING PLAN

Pursuant to MCA § 40-4-213

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 REGARDING INTERIM PARENTING PLANS IN MONTANA

Under MCA § 40-4-213, a party to a parenting proceeding may move for an interim parenting plan. The motion must be supported by an affidavit as provided in MCA § 40-4-220(1).

Key Legal Standards:

• The Court may adopt an interim plan under the best interest standards of MCA § 40-4-212 after a hearing, or under MCA § 40-4-212 and § 40-4-220(2) before a hearing.
• If there is no objection, the Court may act solely on the basis of the affidavits.
• An interim parenting plan is temporary — it remains in effect until a final parenting plan is adopted under MCA § 40-4-234, at which point the interim plan terminates (MCA § 40-4-213(4)).
• If the underlying dissolution or legal separation is dismissed, the interim plan is vacated unless a parent requests continuation as a standalone parenting proceeding (MCA § 40-4-213(2)).

Emergency Provisions (MCA § 40-4-220(2)):

A party may request an ex parte interim parenting plan if:
(i) No previous parenting plan has been ordered and the proposed interim plan would be in the child's best interest; or
(ii) A previous plan exists but an emergency situation has arisen that endangers the child's physical, mental, or emotional health and an immediate change is necessary.

If the Court grants an ex parte interim plan, all parties must appear for a show-cause hearing within 21 days.

SECTION 1: TYPE OF INTERIM PLAN

1.1 Basis for Interim Plan

☐ Stipulated Interim Plan: Both parents agree to this Interim Parenting Plan pending resolution of:
☐ Dissolution of Marriage (Case No.: [________________________________])
☐ Legal Separation (Case No.: [________________________________])
☐ Standalone Parenting Proceeding (Case No.: [________________________________])
☐ Amendment of Existing Parenting Plan (Case No.: [________________________________])

☐ Contested Interim Plan: Parent A / Parent B requests this Interim Plan, supported by affidavit under MCA § 40-4-220(1), because:
[________________________________]
[________________________________]

☐ Emergency Ex Parte Interim Plan (MCA § 40-4-220(2)): The moving party requests an emergency interim plan because an emergency situation has arisen in the child(ren)'s present environment that endangers the child(ren)'s physical, mental, or emotional health, specifically:
[________________________________]
[________________________________]

Show-Cause Hearing Date (if ex parte): Within 21 days of entry — [__/__/____]

1.2 Duration

This Interim Parenting Plan shall remain in effect until:

(a) A final parenting plan is adopted by the Court under MCA § 40-4-234;
(b) This Interim Plan is modified or vacated by further order of the Court;
(c) The underlying proceeding is dismissed (at which point this Plan is automatically vacated under MCA § 40-4-213(2) or (3), unless a parenting proceeding is continued); or
(d) [__/__/____] (specific end date, if applicable).

SECTION 2: PARTIES AND CHILDREN

2.1 Parent A

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

2.2 Parent B

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

2.3 Minor Child(ren)

2.4 Other Persons in Each Household

Parent A's Household:
| Name | Relationship to Parent | Age (if minor) |
|------|----------------------|----------------|
| [________________________________] | [________________________________] | [____] |
| [________________________________] | [________________________________] | [____] |

Parent B's Household:
| Name | Relationship to Parent | Age (if minor) |
|------|----------------------|----------------|
| [________________________________] | [________________________________] | [____] |
| [________________________________] | [________________________________] | [____] |

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

3.1 Current Status of the Child(ren)

The child(ren) currently reside with: ☐ Parent A ☐ Parent B ☐ Both (alternating) ☐ Other: [________________________________]

The child(ren) are enrolled at: [________________________________]

The child(ren) receive medical care from: [________________________________]

3.2 Relevant Best Interest Factors

The following factors under MCA § 40-4-212(1) are relevant to this Interim Plan:

☐ (a) Wishes of the parents: [________________________________]
☐ (b) Wishes of the child(ren): [________________________________]
☐ (c) Child's relationships: [________________________________]
☐ (d) Child's adjustment to home, school, community: [________________________________]
☐ (e) Physical and mental health of parties: [________________________________]
☐ (f) Abuse or threat of abuse: [________________________________]
☐ (g) Chemical dependency: [________________________________]
☐ (h) Continuity and stability of care: [________________________________]
☐ (i) Developmental needs: [________________________________]
☐ (l) Frequent contact with both parents: [________________________________]

3.3 Reason Interim Plan Is Needed

☐ The parents have recently separated and no parenting plan exists
☐ Dissolution or legal separation proceedings are pending
☐ An emergency affecting the child(ren)'s welfare requires immediate action
☐ The parents cannot agree on a permanent arrangement and an interim order is needed
☐ Other: [________________________________]

SECTION 4: INTERIM RESIDENTIAL SCHEDULE

4.1 Temporary Primary Residence

During the pendency of this Interim Plan, the child(ren) shall primarily reside with:

☐ Parent A at: [________________________________]
☐ Parent B at: [________________________________]

4.2 Interim Residential Schedule

☐ Option A — Maintain Status Quo:
The current residential arrangement shall continue: [________________________________]

☐ Option B — Standard Interim Schedule:

• Parent A residential time: [________________________________]
• Parent B residential time: [________________________________]
• Midweek contact: [________________________________]

☐ Option C — Equal Time Interim Schedule:
[________________________________]

☐ Option D — Supervised Residential Time:
The following parent shall have supervised residential time only: ☐ Parent A ☐ Parent B

• Frequency: [________________________________]
• Duration: [________________________________]
• Supervisor: [________________________________]
• Location: [________________________________]
• Cost: [________________________________]

☐ Option E — No Residential Time:
☐ Parent A ☐ Parent B shall have no residential time pending further order of the Court due to:
[________________________________]

☐ Option F — Custom Interim Schedule:
[________________________________]
[________________________________]

4.3 Interim Holiday Provisions

☐ No holiday modifications during the interim period — regular schedule applies.
☐ The following holidays shall be allocated during the interim period:

4.4 Exchange Details

Exchange Location: [________________________________]
Exchange Time: [________________________________]
Transportation: ☐ Receiving parent picks up ☐ Other: [________________________________]

4.5 School Enrollment and Attendance

During this Interim Plan:
☐ The child(ren) shall remain enrolled at their current school(s)
☐ The child(ren) shall be enrolled at: [________________________________]
☐ Both parents shall ensure the child(ren) attend school during their residential time

SECTION 5: INTERIM DECISION-MAKING AUTHORITY

5.1 Allocation During Interim Period

During the interim period, decision-making authority shall be allocated as follows:

5.2 Day-to-Day and Emergency Decisions

Consistent with MCA § 40-4-234(5), each parent may make day-to-day decisions during their residential time. Either parent may make emergency health or safety decisions.

5.3 Restrictions on Major Changes During Interim Period

Unless agreed in writing or ordered by the Court, neither parent shall during the interim period:

☐ Relocate the child(ren) from the current school district
☐ Remove the child(ren) from their current school
☐ Change the child(ren)'s primary health care providers
☐ Obtain a passport for the child(ren) or take the child(ren) out of the State of Montana
☐ Expose the child(ren) to persons subject to restriction orders
☐ Make major changes to the child(ren)'s routine or living situation without notice

SECTION 6: INTERIM FINANCIAL PROVISIONS

6.1 Temporary Child Support

☐ Temporary child support shall be addressed in a separate motion/order.
☐ ☐ Parent A ☐ Parent B shall pay temporary child support of $[________________________________] per month, due on the [____] day of each month, beginning [__/__/____].
☐ No temporary child support is ordered at this time.

Note: Under MCA § 40-4-213(2)-(4), child support arrearages that accrue during the interim plan remain enforceable as judgments even if the interim plan is vacated.

6.2 Health Insurance

☐ Parent A ☐ Parent B shall maintain health insurance for the child(ren) during the interim period.

Neither parent shall remove the child(ren) from existing health, dental, or vision insurance coverage without the other parent's written consent or court order.

6.3 Interim Expense Allocation

During the interim period, unreimbursed medical and child-related expenses shall be:
☐ Shared equally
☐ Allocated proportionally: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

SECTION 7: INTERIM PROTECTIVE PROVISIONS

7.1 Mutual Restraining Provisions

During the interim period, neither parent shall:

(a) Remove the child(ren) from the State of Montana without the written consent of the other parent or court order;
(b) Hide or secrete the child(ren) from the other parent;
(c) Disparage the other parent in the child(ren)'s presence;
(d) Discuss the legal proceedings with or in the presence of the child(ren);
(e) Use the child(ren) as messengers between the parents;
(f) Interrogate the child(ren) about the other parent's activities, finances, or relationships;
(g) Consume alcohol to impairment or use illegal substances during residential time;
(h) Destroy, hide, or dispose of marital property (if dissolution is pending); or
(i) Cancel or modify insurance coverage for the child(ren) or the other parent.

7.2 Domestic Violence Protections (If Applicable)

☐ Not applicable
☐ The following protective provisions apply during the interim period:

☐ ☐ Parent A ☐ Parent B shall have no direct contact with the other parent except through [________________________________]
☐ Third-party exchange of the child(ren) through: [________________________________]
☐ Active order of protection in effect (Case No.: [________________________________])
☐ Other: [________________________________]

7.3 Substance Abuse Provisions (If Applicable)

☐ Not applicable
☐ ☐ Parent A ☐ Parent B shall:
☐ Submit to random drug/alcohol testing through [________________________________]
☐ Not consume any alcohol within [____] hours of residential time
☐ Provide proof of enrollment in treatment by [__/__/____]
☐ A positive test or refusal to test shall result in immediate suspension of unsupervised residential time

7.4 Firearms

All firearms in both households shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

SECTION 8: COMMUNICATION DURING INTERIM PERIOD

8.1 Parent-to-Parent Communication

☐ Parents shall communicate through email, text, or co-parenting app regarding child-related matters only
☐ Parents shall communicate through attorneys only
☐ Other: [________________________________]

8.2 Parent-Child Communication

The non-residential parent shall have:
☐ Daily phone/video contact at approximately [____] AM/PM
☐ Reasonable phone/video contact as arranged
☐ Other: [________________________________]

SECTION 9: DISPUTE RESOLUTION DURING INTERIM PERIOD

9.1 Interim Disputes

During the interim period, disputes shall be resolved as follows:

Step 1: Direct written communication between the parents (or through attorneys if domestic violence is present).

Step 2: If unresolved, either parent may file a motion with the Montana [____] Judicial District Court, [________________________________] County.

☐ Mediation is recommended before filing contested motions.
☐ Mediation is waived during the interim period due to: [________________________________]

9.2 Emergency

Either parent may seek emergency relief from the Court at any time when the child(ren)'s safety is at imminent risk.

SECTION 10: PARENTING EDUCATION (MCA § 40-4-226)

☐ Both parents are ordered to complete a court-sanctioned educational program on the effects of dissolution on children by [__/__/____].
☐ Both parents have already completed such a program.
☐ The Court will determine whether parenting education is required at a later hearing.

SECTION 11: TRANSITION TO FINAL PARENTING PLAN

11.1 Proposed Final Plan Deadline

Under MCA § 40-4-234(1), each parent must submit a proposed final parenting plan to the Court. Proposed plans shall be submitted by:

Parent A's proposed plan due: [__/__/____]
Parent B's proposed plan due: [__/__/____]

11.2 Mediation of Final Plan

☐ The parents shall participate in mediation to attempt to reach a stipulated final parenting plan before [__/__/____].
☐ Mediator/Service: [________________________________]

11.3 Trial/Hearing Date (If Applicable)

☐ A hearing on the final parenting plan is scheduled for [__/__/____] at [____] AM/PM before Judge/Standing Master [________________________________].

11.4 Effect of This Interim Plan on Final Determination

This Interim Plan is temporary and shall not create a presumption in favor of either parent regarding the final parenting plan. The Court shall determine the final plan based on the best interest of the child(ren) under MCA § 40-4-212 at the time of the final hearing.

SECTION 12: GOVERNING LAW AND JURISDICTION

This Interim Plan is governed by Montana law, including MCA § 40-4-213, § 40-4-212, and § 40-4-220. The Montana [____] Judicial District Court, [________________________________] County, retains continuing, exclusive jurisdiction.

SECTION 13: EXECUTION

For Stipulated Interim Plans:

We, the undersigned parents, stipulate and agree to this Interim Parenting Plan and request that the Court adopt it pending resolution of the underlying proceeding.

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

For Contested or Ex Parte Interim Plans:

MOVING PARTY:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney for Moving Party (if any):

Signature: _________________________________

Printed Name: [________________________________]
Bar No.: [________________________________]
Address: [________________________________]
Telephone: [________________________________]

COURT ORDER

For Stipulated Interim Plans:

The Court, having reviewed the Stipulated Interim Parenting Plan and any supporting affidavits, and finding that this Interim Plan serves the best interest of the child(ren) under MCA § 40-4-212, hereby ADOPTS this Interim Parenting Plan.

This Interim Plan shall remain in effect until a final parenting plan is adopted or until further order of this Court.

For Ex Parte Emergency Orders:

The Court, having reviewed the affidavit(s) submitted by the moving party and finding pursuant to MCA § 40-4-220(2) that:

☐ No previous parenting plan has been ordered and this interim plan is in the child's best interest; OR
☐ An emergency situation has arisen that endangers the child's physical, mental, or emotional health and an immediate change is necessary;

hereby GRANTS the ex parte Interim Parenting Plan.

All parties shall appear and show cause on [__/__/____] at [____] AM/PM, within 21 days of this Order, why this Interim Parenting Plan should not remain in effect until further order of the Court.

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

_________________________________
District Court Judge / Standing Master
Montana [____] Judicial District
[________________________________] County

REQUIRED SUPPORTING DOCUMENTS

☐ Affidavit under MCA § 40-4-220(1) — required for all contested interim plans
☐ Affidavit under MCA § 40-4-220(2) — required for ex parte emergency interim plans
☐ UCCJEA Affidavit (MCA § 40-7-209) — if applicable
☐ Proposed Interim Parenting Plan (this document)
☐ Certificate of Service
☐ Filing fee (check with Clerk of District Court for current amount)
☐ Any existing orders of protection

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 § 40-4-213 — Interim Parenting Plan: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0130/0400-0040-0020-0130.html
• MCA § 40-4-220 — Affidavit Practice: https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0200/0400-0040-0020-0200.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 § 40-4-234 — 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 Lawhelp — What Is a Parenting Plan?: https://www.montanalawhelp.org/resource/what-parenting-plan