Parenting Plans and Natural Disasters (FAQ)

First, see if the other parent will agree to the changes you want. It is always better to get the other parent to agree to change your parenting plan than to let a judge decide.

If the other parent does not agree, you will need to go to court. If it is an emergency, you can ask the court to change your parenting plan without waiting for the other parent’s response or a court hearing. The court can make emergency changes to your parenting plan when: 

“an emergency situation has arisen in the child's present environment that endangers the child's physical, mental, or emotional health and an immediate change in the parenting plan is necessary to protect the child.” Montana Code Annotated 40-4-220(2)(ii). 

If you want the judge to make emergency changes to your parenting plan, you will need to file a motion and an affidavit. Your motion and affidavit should tell the judge how your child’s physical, mental, or emotional health is in danger because of an emergency situation. You should also tell the judge how the parenting plan needs to change to protect your child. 

If the judge grants your motion for an emergency change, the judge will still set a hearing date for later. At the hearing, the other parent may be able to argue that the situation is not an emergency and that the parenting plan does not need to be changed.

You can use the general Motions packet to file an emergency motion to amend your parenting plan.

Most parenting plans need you to go to mediation before you can ask the judge to change your parenting plan. If it is an emergency, you can ask the court to waive the need that you go to mediation first. You can include your request to waive mediation in your emergency motion to amend the parenting plan. It will be up to the judge whether to allow you to change the parenting plan without going to mediation first.

If a move will significantly affect the child’s contact with their other parent, you must give notice to the other parent and the court before you move with the children. If the other parent objects to your request to move with the children, it will be up to the judge to decide if it’s in the children’s best interest to move.

Before you move, you must file a Notice of Intent to Move with the Clerk of District Court, and serve the other parent with the Notice. If your move will significantly affect the child’s contact with the other parent, you must file and serve the Notice of Intent to Move at least 30 days before you move. You must also include a Proposed Amended Parenting Plan.

Even if your move will not affect the other parent’s contact with the children, you still need to provide the other parent with written notice of your new address.

If one parent is not following the parenting plan, the other parent may file a Motion to Show Cause. For example, if the other parent is keeping you from seeing your children during your scheduled visitation time, you may want to file a Motion to Show Cause.

The Motion to Show Cause asks the Court to schedule a hearing for the other parent to explain why they are not following the Judge’s orders.

To learn more, read our article: 10 Steps to Take When the Other Parent Won’t Follow the Parenting Plan.

Important: Filing a Motion to Show Cause is a serious step to take. There are risks to filing a Motion to Show Cause. There may be other options as well. It is a good idea to talk to a lawyer before filing a Motion to Show Cause.

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. Ideally, a Parenting Plan is written so that there is little need to change it as the children grow up.

If you and the other parent agree on changes to the Parenting Plan, you may file a Motion to Amend Parenting Plan (Agreed). If you and the other parent cannot agree on changes, the steps for changing a Parenting Plan are complicated. You may ask the Court to change a Parenting Plan by filing a Motion to Amend Parenting Plan. Usually, you must file the Motion with the same Court that ordered your Final Parenting Plan.

In general, to change a Parenting Plan when the other parent does not 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; and,
• A new plan is necessary to protect the child’s best interests.

Legal Forms

• Petition for Parenting Plan (Interactive Form)
• Notice of Intent to Move
• Motion to Amend Parenting Plan When Parents Agree
• Motion to Amend Parenting Plan When Parents Do Not Agree

Legal Help

• The State Bar Lawyer Referral Service may provide you with contact information for attorneys who provide the type of assistance you are seeking, for a fee. You can contact the State Bar Lawyer Referral Service at (406) 449-6577 or montanabar.org. 
• Montana Legal Services Association (MLSA) provides free civil, non-criminal legal help to eligible clients. Learn more about how to apply for free legal help in Montana.