How to File and Serve Parenting Plan Forms

After you have filled out your Motion to Amend Parenting Plan paperwork, you will need three copies of each form.

• One copy of the forms will be mailed to the other parent. (Step 2)
• The original copy of the forms will be filed at the courthouse. (Step 3)
• Bring one copy of the forms with you to the hearing. (Step 6)

Mail one copy of the forms to the other parent. It is a good idea to use first class mail and keep your receipt from the post office. 

File the original versions of the following forms with the Clerk of District Court in the county where your original Parenting Plan was filed:

• Motion to Amend Parenting Plan;
• Supporting Affidavit;
• Proposed Amended Parenting Plan;
• Order to Show Cause; and 
• Order Amending Parenting Plan.

Give the Clerk of Court a self-addressed and stamped envelope. Ask the Clerk of Court to mail two conformed copies of the Order to Show Cause to you after the judge signs it. If you do not have an Order of Inability to Pay from the judge, you may be charged a fee for these copies.

Give all your copies to the Clerk of District Court and ask them to stamp the copies as “Filed”. Keep the copies in a safe place. You should bring the copies with you to your hearing.

If the court feels you have good reason to change your current Parenting Plan, the court will set a hearing date. They will fill out and sign your Order to Show Cause, then mail it to you in the envelope you provided in Step 3. 

If the court decides there is no need for a hearing or that there is not a good reason to change the plan based on your motion, the judge will deny your motion and the current parenting plan will continue.

You will serve these documents to the other parent: 

• Motion to Amend;
• Supporting Affidavit;
• Proposed Amended Parenting Plan; and 
• Order to Show Cause (the paper that was filled out by the judge and mailed to you)

Sheriffs in Montana will serve the other parent for free if you have an Order of Inability to Pay from the judge. If you do not have this, you will need to pay the sheriff to serve your forms. Mail or hand-deliver your original Request to Serve Documents and the four other documents (listed above) to the Sheriff’s office in the county where the other parent lives.

Give the Sheriff’s office a self-addressed and stamped envelope so they can mail you Proof of Service after they give your forms to the other parent. 

NOTE:  When the other parent gets the Order to Show Cause, they will be able to file an “Opposing Affidavit” with the Court explaining why they disagree with your Proposed Parenting Plan. They will also be able to go to the hearing and tell the Court their side of the story.

Once the Sheriff returns Proof of Service to you, make a copy and file the original with the Clerk of District Court in the county where your original Parenting Plan was filed. Have the Clerk stamp your copy of the Proof of Service as “Filed”. This step is important. The Judge will need to see proof that the other parent was served before ordering a new parenting plan.

Bring your stamped copies of the documents you filed with the court.

Arrive at the courthouse at least 15 minutes before your scheduled hearing. Dress like you are going to an important job interview.

Check with the Clerk of Court’s office to find the right courtroom for your hearing. Go to that courtroom and wait for the judge to call your name and case number. 

Be prepared to tell the judge why you want to make changes to your current Parenting Plan.

Learn more in our article Tips for Representing Yourself in Court. 

Motion to Amend Parenting Plan (write-in-the-blank form)

How to Ask the Court to Waive Your Filing Fees (FAQ)

Some courts prefer that you use their local forms. You can ask the Clerk of District Court if there are local forms they prefer you use.