Montana Parenting Plan

Parenting Plan

MONTANA JUDICIAL DISTRICT COURT

COUNTY

1. Identification of the Parties

a. Petitioner’s Name:

Address:

b. Respondent’s Name:

Address:

2. Identification of the Child(ren)

This parenting plan applies to the following minor child(ren) of the parties:

3. Objectives of the Parenting Plan

a. To protect the best interest(s) of the minor child(ren);

b. To provide for the physical care of the minor child(ren);

c. To maintain the child(ren)’s emotional stability and minimize the child(ren)’s exposure to parental conflict;

d. To provide for the minor child(ren)’s changing needs as they grow and mature;

e. To set forth the authority and responsibilities of each parent with respect to the minor child(ren);

f. To help the parents avoid expensive future court battles over the minor child(ren).

4. Residential Schedule for the Child(ren)

The provisions set forth below in Paragraphs 4(a)-(i) are one way to write your residential schedule.

a. Pre-School Schedule (Choose One):

There are no child(ren) under school age.

There are child(ren) under school age, but the school schedule set forth in 4(b) below shall apply regardless of their age(s).

Prior to enrollment in school, the child(ren) shall reside primarily with the Mother / Father, except for the following days and times when the other parent shall have parenting time:

Describe the residential schedule for the minor child(ren) prior to their enrollment in school:

b. School Schedule (Choose One):

Upon enrollment in school, the child(ren) shall reside with the Mother / Father, except for the following days and times when the other parent shall have parenting time:

c. Holiday and Special Occasion Schedule

No holiday and special occasion schedule shall apply. The school year or pre-school schedule set forth above shall apply.

The following schedule shall apply for the holidays and special occasions listed below:

Unless otherwise noted below, holidays/special occasions shall begin at a.m. and end at p.m.

Holidays which fall on a Friday or a Monday and which are traditionally considered three day holidays shall include / not include the Saturday and Sunday immediately preceding or following the holiday.

Thanksgiving shall begin on and shall extend until .

Christmas Eve shall begin on and shall extend until .

Christmas Day shall begin on and shall extend until .

The child(ren)’s school attendance shall take priority over the holiday and special day schedule.

d. Winter Vacation (Choose One):

No winter vacation schedule shall apply. The school year or pre-school schedule set forth above shall apply.

The parent exercising parenting time on Christmas Eve shall have additional parenting time over winter vacation:

e. Summer Vacation (Choose One):

No summer vacation schedule shall apply. The school year or pre-school schedule set forth above shall apply.

The child(ren) shall reside with the Mother / Father during summer vacations, except for the following days and times when the child(ren) shall be with the other parent:

f. Spring Break (Choose One):

No Spring Break schedule shall apply. The school year or pre-school schedule set forth above shall apply.

The child(ren) shall reside with the Mother / Father during Spring Break, except for the following days and times when the child(ren) shall be with the other parent:

g. Other Vacations with Parents

h. Priorities under the Residential Schedule

Rank the order of priority, with 1 being the highest priority:

Preschool and School Schedule

Holidays/Special Occasions

Winter/Summer/Spring Break Vacations

Other Vacations with Parents

i. Supervised and Limited Visitation (Choose One):

The residential schedule listed above is not subject to any additional restrictions or limitations on parenting time.

The Mother’s / Father’s parenting time shall be supervised or limited because:

Conditions:

How Often/For How Long:

Where:

Supervised by Whom:

Modification after months of supervised and limited visitation:

Alcohol/drug evaluation
Substance abuse treatment
Psychological evaluation
Anger management counseling
Parenting classes

j. Other:

5. Designation of Custodian

For the purpose of all other state and federal statutes which require a designation or determination of custody, the Mother / Father shall be designated the custodian.

6. Transportation Arrangements (Choose All That Apply):

Transportation arrangements for the child(ren) between parents shall be as follows:

Unless both parents agree upon a different meeting place, the exchange of the child(ren) shall be at:

Transportation costs shall be distributed as follows:

If the Mother / Father is more than minutes late to pick the child(ren) up for a visit, that visit shall be canceled.

7. Telephone Contact (Choose One):

While the child(ren) reside with one parent, the other parent shall be permitted to speak with the child(ren) at reasonable times.

While the child(ren) reside with one parent, the other parent shall be permitted to speak with the child(ren) at the following times only:

8. Co-Parenting Guidelines (Choose All That Apply):

Each parent shall promote a healthy, beneficial relationship between the child(ren) and the other parent.

Each parent shall notify the other parent at least days in advance when a particular parenting time shall not be exercised.

Each parent shall supply the appropriate child(ren)’s clothing with them for their scheduled time with the other parent.

Each parent shall provide separate clothes for the child(ren) at their own residence.

If a parent plans a special activity that requires clothing and/or equipment, it is that parent’s responsibility to ensure it travels with the child(ren).

Each parent shall be responsible for ensuring that the child(ren) attend regularly scheduled activities.

Neither parent shall permit the child(ren) to be subjected to:

Persons abusing alcohol or using illegal drugs within 24 hours of contact with the child(ren).

Smoking environment.

Use of profane language.

Removal of the child(ren) from Montana, except as authorized by the Court or mutually agreed to by both parents.

Other:

Other:

Any violation of these terms will result in the immediate termination of that parent’s contact with the child(ren).

Relationships between the child(ren) and relatives and family friends on both sides of the family shall be protected and encouraged.

9. Decision Making

a. Day-to-Day Decisions

Each parent shall be authorized to make decisions regarding the day-to-day care and control of the child(ren) while the child(ren) are residing with that parent, unless or except as provided below:

Sole decision making shall be granted to the Mother / Father for the following reasons:

Major decisions concerning the child(ren)’s education shall be made by the Mother / the Father / both parents jointly.

Major decisions concerning the non-emergency health care of the child(ren) shall be made by the Mother / the Father / both parents jointly.

Major decisions concerning the spiritual development of the child(ren) shall be made by the Mother / the Father / both parents jointly.

The consent of both parents shall be required before any minor child(ren) shall be permitted to:

Get a tattoo

Pierce any body part

Marry

Enlist in the armed services

Other:

Other:

b. Emergency Decisions

Regardless of the allocation of decision making in this parenting plan, each parent shall be authorized to make emergency decisions affecting the health or safety of the child(ren).

10. Access to Information

a. Both parents shall have access to all information relating to their child(ren), including school, counseling, medical, and dental records.

b. Both parents shall update each other and the Court with written notice of changes to the following information:

(i) Residential and mailing addresses;

(ii) Telephone number;

(iii) Social Security number;

(iv) Driver’s license number;

(v) Name, address, and phone number of employers;

(vi) Health insurance coverage for the child(ren);

(vii) Health insurance available through either parent’s employer which could cover the minor child(ren).

It is appropriate that the personal information of the Mother / Father shall remain confidential and shall not be provided to the other parent because:

11. Residential Changes

As required by M.C.A. § 40-4-217, if a parent’s change in residence will significantly affect the other parent’s contact with the child(ren), written notice shall be served personally or sent by certified mail not less than 30 days before the proposed change in residence and must include a proposed revised residential schedule.

12. Review of Parenting Plan (Optional)

The parents will review this parenting plan at the following times:

13. Dispute Resolution

The following shall apply when disputes arise between the parents in carrying out or amending this parenting plan:

No alternative dispute resolution process, except court action, shall apply unless ordered at the discretion of the Court.

No alternative dispute resolution process is appropriate. The following limiting factors exist:

This is a case of physical abuse or threat of physical abuse.

A parent has been convicted of specified violent or sexual offenses.

Disputes between the parents shall be submitted to mediation, counseling, or arbitration by:

Cost allocation:

Based on each parent’s proportional share of income.

As determined in the dispute resolution process.

Mother: Father:

A parent will begin the dispute resolution process by notifying the other parent by written request sent by certified mail.

14. Other Provisions:

WARNING: One parent’s failure to comply with a provision of the parenting plan will not affect the other parent’s obligation to comply with the parenting plan. Violation of any provision of this order with actual knowledge of its terms is punishable by contempt of court and may be a criminal offense under M.C.A. §§ 45-5-631 or 45-7-309. Violation of the Final Parenting Plan may subject a violator to arrest and a fine up to $500 or imprisonment in the county jail.

Declaration for Proposed Parenting Plan (Only complete the following section if this is a Proposed Parenting Plan. Do not date and sign if this is the Final Parenting Plan.)

DATED this day of , 20.

STATE OF MONTANA )

) ss.

COUNTY OF )

, being first duly sworn on oath, says that he/she is the Petitioner / Respondent in the above-entitled proceeding; that he/she has read the foregoing Parenting Plan and knows the contents thereof; and that the matter, facts and things stated therein are true to the best of his/her knowledge and belief.

SUBSCRIBED AND SWORN to before me this day of , 20.

Name (printed):

(Seal) Notary Public for the State of Montana

Residing at

My Commission Expires

Order by the Court (Leave the following section blank. It will be completed by the Court if this document is adopted as the Final Parenting Plan.)

DATED this day of , 20.

DISTRICT COURT JUDGE