Title

Parenting Plan (Youth & Young Adult Legal Issues Edition)

Author

By: Montana Legal Services Association (MLSA)

Description
Information about Parenting Plans (Youth & Young Adult Legal Issues Edition)
Resource Information

Parenting Plan

Montana law no longer uses the words “custody” or “visitation.” Instead, we use “parenting” to promote the idea that both parents should raise their children.


A parenting plan must be included in every dissolution of marriage (also known as divorce) in Montana with minor.


Unmarried parents should file for a parenting plan after a child is born to establish a stable schedule that will work for both parents and the child.


Parenting plans are meant to help avoid disagreements about the parenting of children. The plan is supposed to protect the child’s best interest, define parental responsibilities, and help prevent the parents from going back to court. It is a legally binding contract that helps everyone by establishing a consistent routine.

The process:

  • The Petitioner is the party who asks the court for a parenting plan by filing a Petition for Parenting Plan with the Clerk of District Court. If you need to set a schedule immediately, you may also file an Interim Parenting Plan.
  • The Respondent is the other parent. The Respondent will state what they would like in a parenting plan by filing an Answer to Petition for Parenting Plan.
  • The Respondent must file an answer within 21 days after being served with the Petition for Parenting Plan.
  • Filing a Petition for Parenting Plan does not establish a parenting schedule right away. Filing starts a court process to decide where the children will live, what kind of contact the children will have with each parent, and how the parents will make decisions about the child. In this process, there will be opportunities for the parties to agree on a parenting plan together if they are able.
  • The court will order a final Parenting Plan at the end of the process.

Important things to consider:

  • The more specific you make the parenting plan, the less likely you and the other parent will disagree over the details in the future.
  • You may need an advocate or an attorney if there is or has been physical, emotional, or sexual abuse of you or the children.

Take Action

Legal Help

  • Montana Legal Services Association (MLSA) provides free civil, non-criminal legal help to eligible clients. Apply for free legal help by calling 1-800-666-6899 or applying online.
  • Tribal community members may have different rules for establishing a parenting plan. If you are a tribal member living in a tribal community, contact MLSA for advice on your specific situation at 1-800-666-6899 or by applying online.
  • Contact your nearest Self Help Law Center for free legal information and forms.

Legal Forms

  • For a fill-in-the-blank Petition for Parenting Plan form go to MontanaLawHelp.org.
  • An interactive Petition for Parenting Plan form is avaliable online.

Non-Legal Resources

  • The Youth Homelessness Development Project (YHDP) is designed to support Montana service providers in the development and implementation of a coordinated community approach to preventing and ending youth homelessness. More information is avaliable at the YHDP website.
  • County resource guides provide an up-to-date list of avaliable help centers.
ID
Find more resources using our interactive Legal Guide.
Last Updated

Last review and update: