Planning to Move After a Montana Divorce or Parenting CaseMarybeth Sampsel
If you have minor children and had a Montana divorce or parenting plan case, you must be aware of the notice requirements under Montana law before you make a residential move that significantly affects your parenting plan.
Under M.C.A. 40-4-217, you MUST provide written notice to the other parent if you intend to make a residential change that will significantly affect the other parent. Along with the written notice of your intent to move, you must supply the other parent with a proposed revised parenting plan, laying out how the residential schedule should work after your move. Notice must be provided to the other parent no less than 30 days before you plan to move. The notice must be provided either by certified mail or by personal service (i.e. served by a process server or sheriff’s officer). Proof of services must be filed with the court. Even if it has been many months or years since your dissolution or parenting case was completed, usually you may file the notice under the same cause number.
Once written notice and a proposed amended parenting plan has been supplied to the other parent, you must allow the other parent 30 days to respond to you. If the other parent fails to respond in 30 days, it is deemed the parent accepted your proposed revised parenting plan.
If the other parent does not agree to your proposed revised parenting plan, the two of you would then need to follow the law for Amendment of a Montana Parenting Plan.