Fill and Sign the Montana Parenting Form

___________________________ Name ___________________________ Mailing Address ___________________________ City, State Zip Code ___________________________ Phone Number ___________________________ E-mail Address (optional) ☐ Petitioner ☐ Respondent ☐ Co Petitioner Appearing without a lawyer ___________________________ Name ___________________________ Mailing Address ___________________________ City, State Zip Code ___________________________ Phone Number ___________________________ E-mail Address (optional) ☐ Co Petitioner Appearing without a lawyer MONTANA ____________JUDICIAL DISTRICT COURT, _______________ COUNTY ☐ In re the Parenting of: _____________________________, OR ☐ In re the Marriage of: __________________________________ , ☐ Petitioner, and __________________________________ , ☐ Co Petitioner ☐ Respondent. Case No: _________________________ ☐ Petitioner’s ☐ Respondent’s ☐ Agreed ☐ Court Ordered ☐ Proposed ☐ Amended Parenting Plan 1. Objectives. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 1 of 15 a. To protect the best interest of our minor children; b. To provide for the physical care of our minor children; c. To maintain our children’s emotional stability and minimize our children’s exposure to parental conflict; d. To help our children have a healthy relationship with both parents, families, and friends; e. To provide for our minor children’s changing needs as they grow and mature; f. To explain the rights and responsibilities of each parent to our minor children; g. To help us avoid expensive future court battles over the minor children. 2. Parent Information: Name First: ___________________ Middle:_______ Last:_________________ Your e-mail address (optional): _______________________________________ Your Mailing Address: ______________________________________________ City: ______________________ State: _____ County: ___________________ Name First: ___________________ Middle:_______ Last:_________________ Your e-mail address (optional): _______________________________________ Your Mailing Address: ______________________________________________ City: ______________________ State: _____ County: ___________________ 3. Our Children: This parenting plan applies to these children: Name Age Year of Birth (If you have additional children, fill out and paper clip Form MP-113-B to this document.) MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 2 of 15 4. The same or different parenting time schedules. Choose one. ☐ We will have the same parenting schedule with all of our children. OR ☐ We will have different parenting schedules for our children. This is in the best interest of our children because _________________________________________ ___________________________________________________________________ __________________________________________________________________. NOTE: All of our minor children must be covered under a parenting time schedule. Please use attachment MP-300 A for any different parenting plans. Parenting time The child(ren) shall primarily reside with the ☐ mother ☐ father. The other parent’s parenting time will be as follows: Choose all that apply : ☐ Weekends: The ☐ 1 st ☐ 2 nd ☐ 3 rd ☐ 4 th weekend(s) of the month and the 5th weekend in ☐ odd ☐ even ☐ every month(s). The first weekend of the month is the first weekend with a Saturday. Weekend parenting time begins: (day of week) ______________ at (time) _________ ☐ a.m. ☐ p.m. and ends: (day of week) ______________ at (time) _________ ☐ a.m. ☐ p.m. ☐ Weekdays: ☐ Monday ☐ Tuesday ☐ Wednesday ☐ Thursday ☐ Friday from _________ ☐ a.m. ☐ p.m. to _________ ☐ a.m. ☐ p.m. ☐ Other:____________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Child Care Options. Choose one if applicable: ☐ If either parent is unable to care for the children during their scheduled parenting time, that parent shall arrange appropriate substitute care for the children. ☐ If either parent is unable to care for the children for longer than ______________ during their scheduled parenting time, that parent shall contact the other parent MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 3 of 15 and offer the other parent the opportunity to provide care for the children before arranging for substitute care. ☐ Other (specify): ____________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Transportation for Our Children . a. Our children will only be driven by a licensed and insured driver. The vehicle must have legal and age-appropriate restraint devices. Choose one: ☐ The parent whose parenting time is ☐ starting ☐ ending is responsible for transporting our children. OR ☐ Each parent is responsible for transporting our children to and from parenting time and will meet at ___________________________________ to exchange our children at the beginning and end of each parenting time. OR ☐ Other (specify) : ____________________________________________. b. Transportation cost. Choose One: ☐ Transportation costs will be paid for by the parent responsible for transporting our children. OR ☐ Other:__________________________________________________. c. (Optional) ☐ Supervised Exchanges. Exchanges of the children must be supervised as follows: ____________________________________________ ________________________________________________________________ ________________________________________________________________. 5. Holidays, Vacation, and Special Occasions. Choose one. ☐ There is a special schedule for holidays, vacation, and special occasions. (Fill out and paper clip Form MP-300-B to this document.) OR ☐ There is no special schedule for holidays, vacation, and special occasions. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 4 of 15 6. Supervised or Limited Parenting Time. Choose one. ☐ Supervised or limited visitation is not necessary. OR ☐ Supervised or limited visitation is necessary . It is in our children’s best interest for ☐ Mother ☐ Father ☐ Both parents to have supervised or limited parenting time because (describ e) _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ________________________________________________________________. (Fill out and paper clip MP-300-C to this document) 7. Travel with Our Children. Choose all that apply. a. ☐ Mother ☐ Father ☐ Both parents may travel freely in the State of Montana with our children. This travel must be in keeping with our parenting time schedule. b. ☐ Mother ☐ Father ☐ Both parents must have written permission from the other parent or a court order to take our children out of: ☐ a ____ mile radius of the child’s residence. ☐ the following counties (specify) ___________________________________ ☐ the State of Montana This is in the best interest of our children because: ____________________ _____________________________________________________________ ____________________________________________________________________. c. ☐ Other (specify) __________________________________________________ _______________________________________________________________. 8. Passport. Choose all that apply. ☐ Our children don’t have a passport. ☐ Mother ☐ Father may apply for a passport for any of our children. The other parent consents to the issuance of this passport. ☐ If our children have a passport, it belongs to them. But ☐ Mother ☐ Father will be the custodian of the passport. ☐ Other (specify) _____________________________________________________ __________________________________________________________________. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 5 of 15 9. Communications. Choose all that apply . While our children are with one parent: ☐ Our children will be able to initiate communication with the other parent at reasonable times. ☐ The other parent is allowed to initiate communication with our children at reasonable times. ☐ The other parent has a specific time to communicate with our children: _________________________________________________________________ ☐ Other (specify) : _____________________________________________________ __________________________________________________________________. 10. State and Federal Benefit Programs Some state and federal benefit programs require one parent be designated custodian. This doesn’t affect our parenting rights or responsibilities. It only affects which parent may include the children when they apply for benefits. Choose One For the purposes of state and federal benefit programs that require a designation of custodian the ☐ Mother ☐ Father is designated custodian. OR ☐ Other (specify) : _____________________________________________________ ___________________________________________________________________ 11. Designation of Children for Income Tax Purposes. Mother will claim all of our children as dependents on her income tax ☐ every tax year ☐ in odd-numbered tax years ☐ in even numbered tax years Father will claim all of our children as dependents on his income tax ☐ every tax year ☐ in odd-numbered tax years ☐ in even-numbered tax years ☐ Other (specify) : __________________________________________________ __________________________________________________________________. Each parent will fill out the necessary tax forms to claim our children as dependents for income tax purposes. This arrangement will begin in the tax year our parenting plan is signed by the court. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 6 of 15 12. Co-Parenting Guidelines. a. Each parent will promote a healthy relationship between our children and the other parent. We won’t demean or speak negatively about the other in front of or to our children. b. Each parent will notify the other parent at least ____ ☐ minutes ☐ hours ☐ days in advance when we won’t use or need our parenting time. The missed time won’t be made up, unless we both agree. c. ☐ If ☐ Mother ☐ Father is more than _____ minutes late for their parenting time the other parent may cancel the parenting time. The missed time won’t be made up, unless we both agree. d. Each parent will be flexible about our parenting time when family necessities, illnesses, or other commitments reasonably require a change. The requesting parent will act in good faith and give as much notice as circumstances permit. e. ☐ Each parent will supply our children with appropriate clothing, toys, games, or books for their scheduled parenting time with the other parent. These items are our children’s and are to be returned with our children at the end of the parenting time. OR ☐ Each parent will supply our children appropriate clothing, toys, games, or books for their scheduled parenting time while they are with us. Our children will not take these items between our houses. Any items that our children arrived with are to be returned at the end of the parenting time. f. ☐ Each parent is responsible for making sure that our children attend their regularly scheduled activities, including sports and other extra-curricular activities, while the children are with that parent. g. If our children has a special activity or medical condition that requires clothing and/or equipment that is not normally with the parent having parenting time, that parent must ask that the clothing and/or equipment comes with our children and returns with our children at the end of the parenting time. h. Each parent will encourage and protect healthy relationships between our children and relatives, family and friends. Usually the children will visit paternal relatives during the time when our children are with their father and with the maternal relatives during the time when our children are with their mother, unless we agree otherwise. i. Each parent will guarantee the safety of the children. Activities that may be considered dangerous include: Choose all that apply. ☐ Any person, including a parent, who abuse alcohol or use illegal drugs within 24 MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 7 of 15 hours of contact with our children; ☐ Second-hand smoke; ☐ Other: ___________________________________________________ _____________________________________________________. j. If a parent observes or becomes aware that the children are in physical danger, the observing party will immediately contact law enforcement and may file an action with the court to enforce this agreement. Temporary suspension of parenting time may be appropriate under the circumstances until the safety concerns are resolved. 13. Decision Making. a. Both parents have the right to make emergency decisions affecting the health or safety of our children. b. We have the right to make decisions about the day-to-day care and control of our children while they are with us. Choose any that apply . c. ☐ We will make major decisions about our children’s education together. If we cannot agree, the decision will be made by ☐ Mother ☐ Father. d. ☐ We will make major decisions about our children’s non-emergency health care together. If we cannot agree, the decision will be made by ☐ Mother ☐ Father. e. ☐ We will make major decisions about our children’s spiritual development together. If we cannot agree, the decision will be made by ☐ Mother ☐ Father ☐ either party during their respective parenting time. f. ☐ We will make major decisions about our children’s extra-curricular activities together. If we cannot agree, the decision will be made by ☐ Mother ☐ Father ☐ either party during their respective parenting time. OR g. ☐ Mother ☐ Father will be the sole decision maker about major decisions for our children’s lives, including ☐ education ☐ non-emergency health care, ☐ spiritual development, and ☐ extra-curricular activities. This is in our children’s best interest because: ________________________________________________________________ ________________________________________________________________ ____________________________________________________________. h. Other (specify) : ________________________________________________________________ MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 8 of 15 ________________________________________________________________ ____________________________________________________________. 14. Access to Our Children’s Information. Choose One. ☐ We will both have access to all information about our children, including school records, counseling records, medical, and dental records. We can find this law at §40-4-225, M.C.A. OR ☐ It is appropriate that only ☐ Mother ☐ Father have access because ____________ __________________________________________________________________. 15. Access to Our Information. Choose One. ☐ We will keep each other and the court updated in writing of the following:  Residential and mailing addresses;  Telephone numbers;  Social Security numbers;  Driver’s license numbers;  Name, address, and phone number of employers;  Health insurance coverage for our children, including the insurance company, name of the plan, the policy identification number, and the names of the covered children;  Health insurance coverage for our children which is available through an employer or other group, and if the employer or group would pay any part of the premium. OR ☐ It is appropriate that the personal information of ☐ Mother ☐ Father be kept confidential and not be given to the other parent because ___________________ ________________________________________________________________. 16. Parent’s Residential Change. a. If either of us plans to change the place we live and it will significantly affect the other parent’s contact with our children, the moving parent must give notice to the other parent. b. The notice must be in writing and include a proposed amended parenting plan. (We can use Form MP-904 Notice of Intent to Move to give this notice.) MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 9 of 15 c. There are two ways the moving parent may deliver the notice and proposed amended parenting plan to the other parent:  By having law enforcement or a person who is 18 or over and not a party to the case hand-deliver it to them,  O r by certified mail. d. The moving parent must file proof of service and the proposed amended parenting plan with this court. e. If the other parent objects to the proposed amended parenting plan, that parent must file an objection with the court within the 30-day period. If the other parent doesn’t file an objection, this means they are in agreement with the moving parent and the court may adopt the plan. 17. Temporary Assistance for Needy Families and Family Medicaid Benefits. Choose One. ☐ Either Mother or Father is receiving ☐ Temporary Assistance for Needy Families (TANF) and/or ☐ Family Medicaid; OR ☐ Neither party is receiving these benefits. OR ☐ I do not know if ☐ Mother ☐ Father is receiving these benefits. I am not receiving any of these benefits. 18. Notice to Child Support Enforcement Division. Choose One. ☐ Child Support Enforcement Division has an active case to determine paternity, to establish or enforce child support, to establish or enforce medical support, or one of us is receiving these benefits. I notified Child Support Enforcement Division of this case. (Fill out and serve MP-404 ) OR ☐ Child Support Enforcement Division does not have an active case and neither parent is receiving these benefits. 19. Child Support Calculation. a. Child Support Amount. ☐ Mother ☐ Father must pay $_________ per child per month for a total monthly obligation of $ in child support to the other parent commencing on the day of , 20 because: Choose one. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 10 of 15 ☐ This amount is consistent with the attached final Child Support Enforcement Division Order signed by the Administrative Law Judge. (Write MP-300-D in the upper right hand corner of the CSED calculation order and paper clip it to this document.) OR ☐ This amount is consistent with the child support calculation prepared by ☐ Mother ☐ Father ☐ The Court ☐ other______________ ( Write MP-300-E in the upper right hand corner of this calculation and paper clip to this document.) OR ☐ This amount is not consistent with the child support amount prepared by ☐ Child Support Enforcement Division ☐ Mother ☐ Father ☐ The Court or ☐ other_____________; however, this amount is in the best interest of our child because: ____________________________________________________________ ___________________________________________________________. (Write MP-300-E in the upper right hand corner all calculations made and documents used in reaching this child support amount and paper clip to this document) OR ☐ No one has calculated child support at this time. But, Child Support Enforcement Division has opened a case. The CSED case number is __________________. ☐ Mother ☐ Father will file the CSED Child Support Order along with the Request for a Hearing on the Dissolution. b. Child Support Payments. Choose One . ☐ On or before the first of every month, ☐ Mother ☐ Father must make payments to Child Support Enforcement Division. Payments must be made to CSED if a party is receiving Title IV-A Benefits (TANF, Family Medicaid), or Title IV-D benefit (if there is an active case with CSED). We can find this law at §40-5-909, M.C.A. OR ☐ On or before the _____ day of each month, ☐ Mother ☐ Father must make payments directly to ☐ Mother or ☐ Father. OR ☐ On or before the first of each month, ☐ Mother ☐ Father must make payments to the Clerk of District Court. 20. Immediate Income Withholding. Choose One . ☐ Mother’s ☐ Father’s income is subject to immediate income withholding. We can find this law beginning at §40-5-315, M.C.A. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 11 of 15 OR ☐ The child support order is exempt from immediate income withholding because: _________________________________________________________________ _________________________________________________________________ ________________________________________________________________. 21. Child Support Termination. Child support payments must continue until: Choose One . ☐ The child turns 18 or graduates from high school, whichever occurs later but no later than when the child turns 19. OR ☐ Father ☐ Mother agrees to continue to pay child support until: _______________ because_________________________________________________________. 22. Medical Support. Choose One . a. ☐ The Montana Child Support Enforcement Division or another appropriate agency or court established a medical support order. Choose One: ☐ The medical support order is included in the attached Child Support Order OR ☐ The medical support order is separate and I am attaching it. ( Write MP-300-F in the upper right hand corner of the medical support order and paper clip it to this document.) OR ☐ The minor children need their medical and dental expenses to be covered. There is no medical support order and the court should adopt the attached medical support order. (Fill out and paper clip Form MP-300-G to this document.) b. Our responsibilities: a. We will fill out, sign, and deliver all necessary documents to the insurance company to make sure our children are continuously covered under the plan. b. We will timely submit claims to the insurance company for processing. c. We will give each other insurance cards or other methods for access to coverage. d. If the insurance company reimburses a parent who didn’t pay the bill, that parent will immediately pay the parent who did pay the bill. e. If one of us is responsible for paying medical costs and expenses and we don’t pay, the court may enter a judgment against us for unpaid support. The Court may hold that parent in contempt for non-payment of support. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 12 of 15 f. If we are responsible for paying the insurance premium and we don’t, the other parent, the Department of Public Health and Human Services, or other responsible party, may pay the premium. The court may enter a judgment against the nonpaying parent for unpaid support. The Court may hold that parent in contempt for non-payment. NOTICE: The court may impose civil penalties for intentionally violat ing the medical support order. You can find this law at §40-5-821, M.C.A. 23. Review of Parenting Plan. We will review this parenting plan with each other when there is a significant change of circumstance. When we disagree about this parenting plan, we will act in the best interest of our children. Choose One: ☐ We will:  Step 1: Try to resolve our issues through informal discussion;  Step 2: If possible, we will take our issues to a professional mediator. ☐ We agree our first-choice of mediator will be _____________________________________________________ ☐ We agree that Father will pay _____% and Mother will pay ____% of the cost of the mediator.  Step 3: If we are unable to resolve our issues, we will file a formal motion and ask the court to decide. OR ☐ Mediation is not appropriate because there is reason to suspect domestic violence and we will ask the judge to decide our issues through a formal motion . 24. Violation of the Parenting Plan. If a parent has actual knowledge of these parenting plan terms and that parent violates those terms, that person may be charged with a crime, be arrested, have to pay a fine and go to jail. We can find this law at §§ 45-5-631 or 45-7-309 M.C.A. 25. Modification. The Court can only modify this agreement, if:  we both agree to the modification, or  there is a substantial change in circumstances, and one of us files a motion with the court. NOTICE: The Department of Public Health and Human Services or one of us may MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 13 of 15 request Child Support Enforcement Division modify our child support order if one of us is receiving services under Title IV-A of the Social Security Act, or Child Support Enforcement Division is providing enforcement services. We can find this law at starting at § 40-5-271(3), M.C.A.. 26. Other Provision: ___________________________________________________________________ ___________________________________________________________________ 27. Other Provision: ___________________________________________________________________ ___________________________________________________________________ 28. Request for Parenting Plan be Ordered by the Court. ☐ Petitioner ☐ Respondent ☐ Co-Petitioners request(s) the Court adopt this Parenting Plan as the final and enforceable Parenting Plan. I declare under penalty of perjury and under the laws of the state of Montana that the information in this document is true and correct. I understand that it is a crime to give false information in this document. Dated this __________day of ___________________, 20__. Sign Here: _______________________Print Name: ______________________ ☐ Petitioner ☐ Respondent ☐ Co-Petitioner (Only fill out this section if you are filing an agreed parenting plan) Dated this __________day of ___________________, 20__. Other Parent Sign Here: _____________Print Name: ______________________ ☐ Petitioner ☐ Respondent ☐ Co-Petitioner ______________________________________________________________________ (Leave the following section blank. It is for the Judge to use.) Order by the Court  The Court found this parenting plan in the best interests of the children. MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 14 of 15  The Judge’s signature on this document makes this plan the parenting plan parties must follow. DATED this _____ day of ________________________, 20___. _____________________________ DISTRICT COURT JUDGE MP - 300 Parenting Plan and Final Decree Attachment © 201 5 Montana Supreme Court and Montana Legal Services Association Page 15 of 15