Motion to Amend Parenting Plan - Agreed & Contested (Interactive Form)

You can use the interactive Motion to Amend Parenting Plan to ask a Judge in Montana to change your current Parenting Plan. You can use this form if the other parent agrees or doesn’t agree with changing the Parenting Plan. 

When you’re done, you’ll need to download, print, and file the forms with the Clerk of District Court in the county where your current Parenting Plan was filed. You’ll also need to serve the other parent. The forms come with instructions to help you file them and serve the other parent. You can find the link to the interactive Motion to Amend Parenting Plan at the end of this page. 

What if I’m leaving a violent relationship? 

There are a few important things to know if you are leaving a violent or abusive relationship. The end of a violent relationship is sometimes the most dangerous point for the victim and children. There may be free legal and non-legal help for people leaving a domestic violence relationship. It is a good idea to come up with a safety plan. You may also want to look into getting an Order of Protection. It is important to know that the Court may base some of its decisions on safety concerns for the parents and/or children. 

What the law says about changing a Parenting Plan

Most Parenting Plans have a section that says the parents must go to mediation before asking the Court to change their Parenting Plan. The idea is to avoid having the parents go back to court each time there is a disagreement. Mediation isn’t appropriate if there is or has been violence in the relationship. If mediation isn’t appropriate for your case, it’s a good idea to talk to a lawyer before you go to court. 

If you and the other parent don’t agree on changes, the steps for changing a Parenting Plan are more complicated than if you agree. In general, to change a Parenting Plan when the other parent doesn’t agree you must show the Court:

• It has been six months since ordering the Final Parenting Plan, and
• There has been a significant change in circumstances of the child, and
• A new Plan is necessary to serve the child’s best interests. 

What you’ll need to complete the form

The form takes about 30 to 90 minutes to complete. It could take longer. You can create an account to stop, save, and return to your answers at a later date. 

When completing the form, you’ll need the following:

• A copy of your current Parenting Plan that you want to change;
• The other parent’s name and current address;
• To write a Motion explaining why you want to change your Parenting Plan;
• To write an Affidavit describing your specific situation that leads you to ask the Court to change your current Parenting Plan (if the other parent doesn’t agree);
• To write your new Parenting Plan schedule that you want the Court to order both parents to follow. 

You can complete this form on your smart phone but we recommend a desktop if possible because of the time it takes to complete. You’ll also need to print it out before you can file it with the Clerk of District Court and serve the other parent. 

This form isn’t right for everyone. The program may tell you to talk to a lawyer based on the information you give. 

Need more information?

If you have any questions about your rights or this form, it would be a good idea to read our DIY Guide to Divorce and Custody in Montana. 

Need legal help?

Montana Legal Services Association provides free civil legal help to eligible clients. Learn more about how to apply for free legal help.