Fill and Sign the Parenting Plan Template Womansdivorcecom Form

How to File for a Permanent Parenting Plan in Montana Table of Contents 1. What Forms Will I Need? ....................... 2 2. Nine Steps to Getting a Permanent Parenting Plan .... 3A.Warning .......................................... 3 B. Step One: Collect Information and Make Decisions ..... 3 C. Step Two: Prepare the Forms ........................ 3 D. Step Three: File Your Documents with the Court ....... 3 E. Step Four: Notify CSED ............................ 4 F. Step Five: Notify the Other Parent .................. 5 G. Step Six: File Original Summons and Return of Service . . 6 H. Step Seven: Request a Default....................... 6 I. Step Eight: Go to Court for Your Hearing ............. 7 J. Step Nine: Notify the Other Parent .................. 7 DISCLAIMER Information Not Legal Advice. This document has been prepared for general information purposes only. The information provided is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information may not be correct for your jurisdiction. Finally, the information contained in this document is not guaranteed to be up to date. The information cannot replace the advice of competent legal counsel licensed in your state. Prepared by Montana Legal Services Association. Approved and distributed by the Montana Supreme Court Commission on Self-Represented Litigants . Rev. 7/02 How to File for a Permanent Parenting Plan, Page 2 of 8What Forms Will I Need? Initial Documents: 1. Petition for Establishment of Permanent Parenting Plan 2. Proposed Parenting Plan 3. Summons You may also need the following documents (See page 10 of “Introduction to Family Law in Montana”): 4. Notice of Filing Child Support Guidelines Financial Affidavit 5. Notice and Acknowledgment to Child Support Enforcement Division Service Documents: You will only need to serve the other parent using one of the following methods. If you are unable to serve by one method, you ma y try to serve by using the other. 6. Notice and Acknowledgment of Receipt of Summons and Petition for Establishment of Permanent Parenting Plan 7. Praecipe Final Documents: 1. Request for Entry of Default and Application for Default Judgement 2. Entry of Default 3. Request for Hearing and Order 4. Findings of Fact, Conclusions of Law, and Final Decree Establishing Permanent Parenting Plan 5. Final Parenting Plan 6. Notice of Entry of Decree 7. Vital Statistics Form How to File for a Permanent Parenting Plan, Page 3 of 8 Nine Steps to Getting a Permanent Parenting Plan Warning: These instructions will walk you thr ough the steps you will need to follow in order to file for a Permanent Parenting Plan. This can be a confusing and complicated process. If you have questions about the instructions or any of the forms, you should talk to an attorney. The steps for filing for a parenting plan may be slightly different in your judicial district. Always check with the Clerk of District Court in your district to make sure that you are following the right procedures. Step One: Collect Information and Make Decisions [ ] Before completing the parenting plan forms, you will need to make important decisions regarding the children. Be sure to read “Introduction to Family Law in Montana” before you begin f illing out the forms. It will highlight the major decisions you will have to make. [ ] If you already have a Child Support Order from the Child Support Enforcement Division, get a copy of the Order to include with your Petition. If you do not already have an Order, you w ill need to complete the Montana Child Support Guidelines Financial Affidavit. Step Two: Prepare the Forms [ ] Included in this packet are all of the forms you w ill need to file for a permanent parenting plan. Fill out each form neatly and completely. Be aware that some judicial districts may require you to type the forms. For a list of the forms you will need, read “W hat Forms W ill I Need?” also in this packet. If you have questions about the forms, talk to an attorney. Step Three: File Your Documents with the Court [ ] After you have completed all of the forms, make copies of the following documents: [ ] Summons (one copy) [ ] Petition for Establishment of Permanent Parenting Plan (three copies) [ ] Proposed Parenting Plan (three copies) How to File for a Permanent Parenting Plan, Page 4 of 8 [ ] Also make copies of the following document s, if they are necessary for your case (See “Introduction to Family Law in Montana,” page 11): [ ] Notice of Filing Child Support Guidelines Financial Affidavit (with attached Affidavit) (two copies) [ ] Notice and Acknowledgment to Child Support Enforcement Division (three copies) Always keep one copy of everything that you file with the Clerk of District Court or serve on the other party. The original documents get filed with the Clerk. Every time you file a document with the Clerk, bring a copy of the document with you and ask the Clerk to stamp it, showing that the document has been filed. Keep an organized file of all your court papers and letters concerning your case. [ ] Go to the Clerk of District Court in the County Courthouse where you are f iling your parenting action. Generally, you w ill file in the county where you are living. You will have to pay a filing fee in order to file your papers with the Court. If you cannot afford to pay the filing fee, you may be eligible to have prepayment of the fee waived. If you think you may be eligible for such a waiver, ask the Clerk of District Court for an “Affidavit of Inability to Pay Filing Fees.” [ ] After you have paid the filing fee (o r the Judge has decided to waive the filing fee), file the following documents with the Clerk of District Court. Remember to have the Clerk date and stamp a copy of each document to keep for your records. 1. Summons 2. Petition for Establishment of Permanent Parenting Plan 3. Proposed Parenting Plan 4. Notice of Filing Child Support Guidelines Financial Affidavit (if necessary) 5. Notice and Acknowledgment to Child Support Enforcement Division (if necessary) [ ] The Clerk will sign and stamp the original Summons and return it to you. Make two copies of the Summons that has been signed and stamped by the Clerk. [ ] The Clerk will put a cause number on all of the documents you filed. Th is cause number is how the court will i dentify your case. Put this cause number on all of your forms from now on. Step Four: Notify CSED (if necessary) [ ] If you receive public assistance under Temporary Assistance to Needy Fam ilies (TANF) or if you are already receiving services from the Child Support Enforcement Division, you must notify CSED and the Attorney General of the parenting action by sending them the following: 1. Notice and Acknowledgment to Child Support Enforcement Division 2. Petition for Establishment of Permanent Parenting Plan How to File for a Permanent Parenting Plan, Page 5 of 83. Proposed Parenting Plan 4. Self-addressed stamped envelope [ ] Both CSED and the Attorney General need to send an “Acknowledgment of Service” back to you before your parenting plan can be entered by the court. W hen you receive the Acknowledgment back from both offices, make one copy of each, and file the originals with the Clerk of District Court. CSED may decline to be a party to the parenting action by signing the “Declination” on the Acknowledgment of Service they send back to you. If they do not decline, CSED will need to be served with all subsequent doc uments you file with the court. Step Five: Notify the Other Parent After you file your papers with the Clerk, you w ill need to serve the papers on the other parent by using one of the methods described below. [ ] Depending on how you plan to serve the other parent, make copies of either the: [ ] Notice and Acknowledgment (two copies) [ ] Praecipe (one copy) Choose One: [ ] Notice and Acknowledgment . If the other parent is willing to help you establish the parenting plan, you may serve him or her by mailing the following documents: 1. Notice and Acknowledgment of Receipt of Summons and Petition for Establishment of Permanent Parenting Plan (original and one copy) 2. Summons (copy) 3. Proposed Parenting Plan (copy) 4. Notice of Filing Child Support Guidelines Financial Affidavit (copy) 5. Notice and Acknowledgment to Child Support Enforcement Division (copy) Also, include a self-addressed stamped envelope. The other parent should sign and return the Notice and Acknowledgment back to you. The Notice and Acknowledgment is your proof that the other parent was served. If you do not receive the Notice and Acknowledgment back within 20 days, you will need to have the Sheriff serve the other parent. You may be able to ask the court to have the other parent pay for any fees associated with this service. [ ] Service by Sheriff . Sheriffs in Montana w ill serve the papers on the other parent for free if you have an Order of Inability to Pay from the J udge, otherwise you will need to pay the sheriff for this service. Either mail or personally deliver the following documents to the sheriff in the county where the other parent lives: 1. Praecipe (original) 2. Summons (original and one copy) How to File for a Permanent Parenting Plan, Page 6 of 83. Petition for Establishment of Permanent Parenting Plan (copy) 4. Petitioner’s Proposed Parenting Plan (copy) 5. Notice of Filing Child Support Guidelines Financial Affidavit (copy) 6. Notice to Child Support Enforcement Division (copy) Also give the sheriff a self-addressed return envelope. W hen the sheriff has served the documents, s/he will s end you a Return of Service and the original Summons. The Return of Service is your proof that the documents were served. Step Six: File the Original Summons and Return of Service [ ] After you receive proof that the other parent was served (by either a Return of Service or a Notice and Acknowledgment), make one copy of the proof of service. File the original with the Clerk of District Court. At the same time, file the original Summons. If the other parent files a Response or Answer with the court, you should consult with an attorney before proceeding. The rest of these instructions assume that your parenting action is not being contested by the other parent. Step Seven: Request a Default [ ] W ait 21 days from the date the other parent was served. Give the Clerk of District Court your cause number and confirm that the other parent has not filed a Response. [ ] Complete and make copies of the following documents: 7. Findings of Facts, Conclusions of Law, and Final Decree Establishing Permanent Parenting Plan (two copies) 8. Final Parenting Plan (two copies) 9. Request for Entry of Default and Application for Default Judgment (one copy) 10. Entry of Default (one copy) 11. Request for Hearing and Order (one copy) 12. Vital Statistics Form (one copy) [ ] File the Request for Entry of Default, the Entry of Default, and the Request for Hearing and Order. As always, get a filed stamped copy of each document for your files. The Clerk will sc hedule a final hearing. [ ] Also leave with the Clerk your original Findings of Fact, Conclusions of Law, and Final Decree Establishing Permanent Parenting Plan and your original Final How to File for a Permanent Parenting Plan, Page 7 of 8Parenting Plan. The Clerk will give these documents to the Judge to re view before your final hearing. Step Eight: Go to Court for Your Hearing [ ] Be at the courthouse at least 15 minut es before your scheduled hearing time. Dress as you would for an important meeting or job interview. Ask the Clerk of District Court which courtroom your Judge is in. Go to the appropriate courtroom and wait for the Judge to call your name and cause number. Be calm and polite and address the Judge as “Your Honor.” [ ] Bring your two copies of the following documents with you to the hearing: 1. Findings of Fact, Conclusions of Law, and Final Decree Establishing Permanent Parenting Plan 2. Final Parenting Plan [ ] The Judge w ill ask you to be sworn in and to take the witness stand. The Judge will ask you a few questions regarding your Petition and Proposed Decree. The questions should center around the following topics: 1. W hether you have been a resident of Montana for the past 90 days 2. The parenting arrangements described in your papers 3. W hether the other parent is capable of contributing to the support of the children, and if the child support amount is fair and reasonable The Judge should then sign your Decree and Parenting Plan and excuse you. [ ] Immediately after the hearing , bring the signed Decree and Parenting Plan to the Clerk of District Court. Ask the Clerk to put the appropriate stamps on your two copies of the documents to show that they have been filed and signed by the Judge. At the same time, file your Vital Statistics Form. Step Nine: Notify the Other Parent [ ] Make two copies of the Notice of Entry of Decree. [ ] Mail copies of the following documents to the other parent: 1. Notice of Entry of Decree 2. Findings of Fact, Conclusions of Law, and Final Decree EstablishingPermanent Parenting Plan 3. Final Parenting Plan [ ] File the original Notice of Entry of De cree with the Clerk of District Court. The other parent has 30 days from your filing of the Notice of Entry of Decree to How to File for a Permanent Parenting Plan, Page 8 of 8appeal the Decree. For this reason, it is important that you file the Notice with the Clerk. [ ] Keep your copies of the Decree and Parenting Plan in a safe place.