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Parenting Plan

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How to File for a Permanent Parenting Plan in Montana

Table of Contents

1. What Forms Will I Need?

2. Nine Steps to Getting a Permanent Parenting Plan

A. Warning

B. Step One: Collect Information and Make Decisions

C. Step Two: Prepare the Forms

D. Step Three: File Your Documents with the Court

E. Step Four: Notify CSED

F. Step Five: Notify the Other Parent

G. Step Six: File Original Summons and Return of Service

H. Step Seven: Request a Default

I. Step Eight: Go to Court for Your Hearing

J. Step Nine: Notify the Other Parent

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

What 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:

4. Notice of Filing Child Support Guidelines Financial Affidavit

5. Notice and Acknowledgment to Child Support Enforcement Division

Service Documents:

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

Nine Steps to Getting a Permanent Parenting Plan

Warning:

These instructions will walk you through 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 filling 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 will 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 will 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 “What Forms Will 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)

[ ] Also make copies of the following documents, if they are necessary for your case:

[ ] 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 filing your parenting action. Generally, you will 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 (or 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. This cause number is how the court will identify 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 Families (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

3. 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. When 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 documents you file with the court.

Step Five: Notify the Other Parent

After you file your papers with the Clerk, you will 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 will serve the papers on the other parent for free if you have an Order of Inability to Pay from the Judge, 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)

3. 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. When the sheriff has served the documents, s/he will send 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

[ ] Wait 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 schedule 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 Parenting Plan. The Clerk will give these documents to the Judge to review before your final hearing.

Step Eight: Go to Court for Your Hearing

[ ] Be at the courthouse at least 15 minutes 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 will 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. Whether you have been a resident of Montana for the past 90 days

2. The parenting arrangements described in your papers

3. Whether 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 Establishing Permanent Parenting Plan

3. Final Parenting Plan

[ ] File the original Notice of Entry of Decree with the Clerk of District Court. The other parent has 30 days from your filing of the Notice of Entry of Decree to appeal 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.

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What a Parenting Plan Is and How It Is Used

A Parenting Plan is a written agreement that sets out custody, visitation, decision-making authority, and day-to-day responsibilities for minor children after separation or divorce. It describes a regular residential schedule, holiday and school-year arrangements, transportation responsibilities, and processes for resolving disputes or modifying the plan. Courts often incorporate a Parenting Plan into final orders or temporary orders, so the document should be clear, specific, and consistent with state family law. A properly prepared Parenting Plan helps reduce conflict and provides a predictable framework for parents and the court.

Why a Clear Parenting Plan Matters

A Parenting Plan reduces ambiguity about parenting time and decision-making, helps minimize court disputes, and creates a documented record for enforcement or modification. Courts prefer specific schedules and dispute-resolution clauses, which can speed approval and reduce litigation costs.

Why a Clear Parenting Plan Matters

Who Typically Prepares and Signs a Parenting Plan

Parenting Plans are completed by parents or guardians and frequently reviewed by counsel, mediators, or the family court during proceedings.

  • Divorcing parents — used to define custody, visitation, and parental responsibilities after separation.
  • Unmarried parents — used when establishing custody, support, and parenting time outside of divorce filings.
  • Family law professionals — attorneys and mediators prepare, revise, and submit plans to the court.

The court, mediator, or a parenting coordinator may require a signed, filed, or court-approved version depending on jurisdictional rules.

Core Elements to Include in a Professional Parenting Plan

A complete Parenting Plan addresses schedules, decision-making, health and education provisions, transportation, communication rules, and procedures for dispute resolution or modification.

Residential Schedule

Detail regular weekday and weekend parenting time, exchange locations, and precise start/end times to avoid ambiguity and reduce conflicts.

Legal Decisions

Specify who has authority for major decisions (education, medical, religion) and whether decision-making is sole, joint, or divided by category.

Holiday & Vacation Plan

Describe holidays, school breaks, summer schedules, and procedures for requesting vacation time well in advance.

Transportation

State who transports children at exchanges, where handoffs occur, and contingencies for late pickups or emergencies.

Communication

Set phone, video, and informational access rules, including reasonable response time and prohibited behavior during calls.

Modification & Disputes

Include mediation or parenting coordinator requirements, modification triggers, and how material changes to schedule or residence are handled.

Essential Information to Record in the Parenting Plan

Child Details: Full legal names and DOBs
Parent Contacts: Phone, email, mailing address
Residential Addresses: Primary home addresses
Schedule Summary: Concise weekly plan
Healthcare Providers: Primary doctor and clinic
Emergency Contacts: Names and phone numbers

Step-by-Step: How to Complete a Parenting Plan

Follow these four steps to draft, agree, and submit a Parenting Plan that will be clear for parents and acceptable to most family courts.

  • 01
    Draft the Plan: Populate all fields with specific schedule and contact details.
  • 02
    Review and Revise: Share with the other parent, mediator, or attorney and edit for clarity.
  • 03
    Signatures: Both parents sign and date; include witness or notary if required.
  • 04
    File with Court: Submit the signed plan to the family court as part of the case file.

Typical Routing: From Draft to Court Approval

This sequence shows common routing steps whether you complete the plan with an attorney, mediator, or using online tools.

  • Prepare Document: Create a full, unambiguous Parenting Plan draft ready for signatures.
  • Collect Signatures: Obtain signatures from both parents and any required witnesses or notary.
  • File with Court: File the signed plan with the family court handling the case.
  • Copy Distribution: Provide filed copies to parties, attorneys, and the court clerk.

Online Setup: Configuring a Parenting Plan Workflow

When using an eSigning platform, configure authentication, signer order, template settings, and output format for court filing.

Field Configuration
Signer Order and Roles Parent A then Parent B; optional witness role
Authentication Method Email plus SMS code for stronger attribution
Template and Conditional Fields Use saved template with conditional custody clauses
Court-ready PDF Flattened, timestamped PDF with audit trail

Digital Signing and Sharing Requirements

Parenting Plans are often completed online; choose platforms that support clear PDFs, audit trails, and integrations for storage or court submission.

  • File Formats: PDF and DOCX supported for court-ready output
  • Integrations: Connects to case management and cloud storage
  • Authentication: Email, SMS, and optional KBA or two-factor

Confirm the receiving court accepts electronic filings and that the chosen platform preserves an unalterable audit trail for evidentiary use.

Common Timeframes and Deadlines to Expect

Timing varies by case, but these are typical milestones parties should track when preparing and submitting a Parenting Plan.

Plan Submission:

Submit with divorce or custody pleadings per court scheduling

Temporary Orders:

Court may issue short-term parenting schedules within days or weeks

Mediation Deadline:

Courts often set a mediation or evaluation date within 30–90 days

Final Hearing:

Hearing timing depends on court calendar and case complexity

Modification Requests:

File motion to modify when circumstances change materially

Key Milestones from Draft to Enforcement

A typical Parenting Plan lifecycle follows these sequential stages from drafting through long-term enforcement.

01

Drafting Stage

Create a detailed plan addressing schedule and decision-making

02

Agreement Stage

Negotiate terms with the other parent or mediator

03

Court Review Stage

Submit plan for court approval or inclusion in orders

04

Enforcement Stage

Court enforces orders or adjudicates violations

Common Mistakes to Avoid When Preparing a Parenting Plan

  • Using vague timing language such as 'evenings' without precise hours, which invites disputes and court clarification.
  • Failing to include transportation details and exchange locations, which causes repeated arguments and missed handoffs.
  • Overlooking emergency medical consent language or failing to list providers and insurance details, delaying urgent care.
  • Not specifying a dispute-resolution process (mediation or parenting coordinator), leading to immediate court filings instead of negotiation.

Risks and Legal Consequences of an Incomplete Plan

Contempt Risk: Enforcement through contempt
Custody Adjustment: Court may modify arrangements
Support Errors: Incorrect child support calculations
Lost Evidence: Unsigned pages reduce enforceability
Delay in Care: Missing medical authority causes delays
Increased Costs: Additional litigation and attorney fees

Typical eSignature Pricing and Feature Snapshot

Compare starting prices and basic feature availability for common eSignature vendors; signNow is listed first as a point of comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies Varies Varies Varies

Real-World Parenting Plan Scenarios

Two anonymized examples illustrate common situations and how a clear Parenting Plan resolves routine issues.

Divorce Mediation Example

A divorcing couple drafts a week-by-week residential schedule to avoid weekend conflicts.

  • They agree on fixed exchange locations and times.
  • The mediator files the plan with the court and the judge signs it into the final decree, reducing future motion practice and clarifying enforcement steps.

Unmarried Parents Example

Unmarried parents create a Parenting Plan after establishing paternity to provide stability for school enrollment.

  • The plan names who handles education and medical decisions.
  • Filing the signed plan with the family court and sharing copies with the child’s school and pediatrician simplified communications and prevented disputes about school pickups.

Frequently Asked Questions About Parenting Plans

Answers to common questions about enforceability, e-signing, filing, and modifying Parenting Plans.


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