Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
STATE OF MONTANA
PATERNITY CASE PACKET
Uniform Parentage Act
H.R.S. Chapter 584
Control Number – MT –598P
This packet contains the following:
1. Instructions ;
2. Forms ; and
3. Law Summary .
I. EXPLANATION OF PETITION IN PATERNITY
In Montana, an action to determine paternity under the Uniform Parentage
Act begins with the fling of a Petition in the Family Court. The Petition must
contain certain information. The forms in this packet include the necessary
information for an action to determine parentage in the State of Montana.
II. WHAT FORMS ARE INCLUDED
A. Petition in Paternity
B. Summons to Answer Petition
C. Proof of Service
D. Statement of Mailing
E. Motion to Approve Compromise Agreement
F. Compromise Agreement
G. Order Approving Compromise Agreement
H. Motion for Genetic Testing
I. Affidavit in Support of Motion for Genetic Testing
J. Order for Genetic Testing
K. Agreement for Genetic Testing
L. Order for Genetic Testing by Agreement
III. PROCEDURE FOR THE DETERMINATION OF PARENTAGE FOR THE
STATE OF MONTANA
A. Preliminary Note:
1. The attached forms may be completed by:
a. Printing the forms and completing by hand. Use black ink
and print neatly.
b. Printing the forms and completing using a typewriter.
c. By completing the forms on your computer using a word
processing program and then printing the forms.
2. Use complete names and not initials. Check your spelling
carefully, a misspelled word can delay your name change.
3. Print three (3) complete sets of forms.
4. All forms with a heading – the name of the court, the Petitioner’s
name, the case number, and the name of the document –
require that the heading be completed. You will need to add the
name of the court and the full name of the Petitioner. The
“Action/Cause/Case No.” will be assigned by the court clerk at
the time of fling.
5. Forms that require your signature and include a notary block
MUST be signed in the presence of the notary or court clerk who
will complete the acknowledgement. Use your complete name –
frst name, middle name, last name.
6. When a form is fled with the court, request the clerk “fle-
stamp” one copy of the form for your fle.
7. A Law Summary has been included at the end of this form
packet. Review the Law Summary before beginning the process
of completing the forms.
B. Procedure
Step 1: Complete all the forms using complete names – middle
names instead of middle initials.
Step 2: File the Petition in the Family Court in the county in which
you reside. The Clerk of the Court will assign a date for
the informal hearing and issue the Summons to be served
on the Respondent.
Step 3: If the Respondent is located within the geographical limits
of the Circuit Court, you must arrange for personal service
of the Summons and Petition. Service can be made by:
(1) the sherif or the sheriffs deputy, by some other
person specially appointed by the court for that purpose,
or by any person who is not a party and is not less than
18 years of age; or (2) in any county by the chief of police
of that county or the chieffs duly authorized subordinate.
If the defendant is not found within the circuit, service
may be efectuated by registered or certifed mail, with
request for a return receipt and direction to deliver to
addressee only. The return receipt signed by the
defendant shall be prima facie evidence that the
defendant accepted delivery of the complaint and
summons on the date set forth on the receipt. Actual
receipt by the defendant of the complaint and summons
sent by registered or certifed mail shall be equivalent to
personal service on the defendant by an authorized
process server as of the date of the receipt.
Step 4: After the Respondent has been served, the next steps are
all in preparation for the Informal Hearing.
Step 5: At this point it is necessary to make a determination
whether the Respondent will agree to an admission of
paternity. If not, it will be necessary to have court
ordered blood tests in order to scientifcally determine
parentage of the minor child(ren).
Step 6: If the Respondent will admit paternity, complete the
Compromise Agreement. The Agreement can then be
submitted to the Court at the Informal Hearing. The
parties should be prepared to present to the Court
fnancial information regarding their income, debts and
assets so that the court will have the information
necessary to determine whether the Agreement is
reasonable.
Step 7: If a compromise can’t be reached it will be necessary to
obtain an Order for Genetic Testing. The court may, and
upon request of a party, will, require the child and the
alleged parent to submit to genetic tests, including blood
tests. If the requesting party is the mother or the alleged
father, the court shall require that the request be made
pursuant to a sworn statement either setting forth facts
establishing a reasonable possibility of the requisite
sexual contact between the parties or denying paternity
setting forth facts establishing a reasonable possibility of
the non-existence of sexual contact between the parties.
If the Respondent will agree to the testing, prepare the
Agreement for Genetic Testing and the Order for Genetic
Testing by Agreement. If the Respondent will not agree to
the testing, prepare the Motion for Genetic Testing, Order
for Genetic Testing, and Affidavit in Support of Motion for
Genetic Testing for fling with the Court at the Hearing.
The results of the genetic testing will be furnished directly
to the Court. At that time, the parties will be informed by
the Court of the results. This will generally deal with all
the outstanding issues as to paternity and the matter will
be settled by the Court either dismissing the case or, if
the testing confrms paternity in the Respondent, entering
an Order establishing paternity and providing for support
to the child(ren).
NOTE RE FORM FIELDS
The forms in this packet contain “form felds” created using Microsoft Word.
“Form felds” facilitate completion of the forms using your computer. They
do not limit you ability to print the form “in blank” and complete with a
typewriter or by hand.
It is also helpful to be able to see the location of the form felds. Go to
the View menu, click on Toolbars, and then select Forms. This will
open the forms toolbar. Look for the button on the forms toolbar that
resembles a “shaded letter “a”. Click in this button and the form felds
will be visible.
In order to use the form felds properly, it is necessary to “lock or protect”
the document. If you wish to make any changes in the body of the form, it is
necessary for you “unlock” or “unprotect” the form.
This is done by clicking on “Tools” in the Menu bar and then selecting
“unprotect document”. You may then be prompted to enter a password. If
so, the password is “uslf”. That is uslf in lower case letters without the
quotation marks .
It is very important to understand that, once the document is unprotected,
any data entered in the form felds will be lost when the document is again
protected. If changes are necessary, unlock the document, using the
password “uslf” if necessary, and make any changes that you feel are
required. Then protect the document once again.
After any required changes and re-protecting the document, click on the frst
form feld and enter the required information. You will be able to navigate
through the document from form feld to form feld using your tab key. Tab
to a form feld and insert your data. Inserting date will result in the default
line disappearing. You will have sufficient space to enter any required
information.
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
PETITION IN PATERNITY
I, __________________________________________ , Petitioner, ask this court to find Petitioner,
Respondent, to be the natural father of the child(ren) named in this Petition, and state that:
1. I am the father mother of the child(ren).
2. Respondent, is the other natural parent of the following child(ren):
Name Present Address Date of Birth Social Security
Number
3. The court has jurisdiction over the Respondent.
4. The minor child(ren) live(s) in this County.
5. a. The child(ren) has/have lived at the following address(es) over the past five (5) years:
Street Address City State Zip Code
b. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over
the past five (5) years are:
Name Street Address City and State Zip Code
c. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over
the past five (5) years are:
Name Street Address City and State Zip Code
d. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over
the past five (5) years are:
Name Street Address City and State Zip Code
e. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over
the past five (5) years are:
Name Street Address City and State Zip Code
7. The following proceeding for enforcement, proceedings relating to domestic violence or domestic abuse,
protective orders or restraining orders, termination of parental rights, and adoptions could affect the current
proceeding (court, case number, state, nature of proceeding):
Court Case Number City and State Nature of
Proceedings
8. The following people are not parties in this matter but have physical custody of the child(ren) or claim rights
of parental responsibilities or legal custody or physical custody of, or visitation or parenting time with the
child(ren) (names and addresses of those persons):
Name Street Address City and State Zip Code
9. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could
affect the current proceeding.
10. I seek the following:
Determination that Petitioner Respondent is the father.
Order that the Birth Certificate(s) be changed to show Petitioner Respondent as the father.
Child Support on a monthly basis by income assignment to Petitioner’s Respondent’s employer.
Past child support including birthing expenses.
Medical support for the minor child(ren).
Allocation of parental responsibilities be addressed.
Parenting time be addressed.
Costs be addressed.
11. REQUIRED NOTICE OF PRIOR RESTRAINING ORDERS.
Have any Temporary or Permanent Restraining Orders to prevent domestic abuse or any Criminal Restraining
Orders or Emergency Protection Orders been issued against either party?
No Yes
If your answer was yes, complete the following:
The Restraining Order was Temporary Permanent and issued against ________________________ in
the County of ________________________ , State of ____________ , in case number ____________ .
What was the subject matter of the Restraining Order or Emergency Protection Order:
________________________________________________________________________
Date
Petitioner
Address
City, State, and zip Code
Telephone number (home)
Telephone number (work)
STATE OF MONTANA
COUNTY OF __________________
I, ______________________________ , declare under oath that I am the father mother of the minor
child(ren) of this action; and, that the statements contained in this PETITION IN PATERNITY are true to the best of
my knowledge and belief.
Subscribed under oath before me on (date) ________________________ .
My commission expires: __________________
____________________________________
Notary Public [Deputy] Clerk of Court
[Seal] ____________________________________
Notary’s Address
____________________________________
Notary’s City, State, Zip
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
SUMMONS TO ANSWER PETITION
TO: ____________________________________
YOU ARE HEREBY NOTIFIED that a Petition has been filed in this court in which it is represented that
Petitioner Respondent is the parent of the above named child(ren). In this Petition, it is requested that the court enter
judgment determining paternity, requiring the parents to pay for the support of the child(ren), enter orders regarding parental
responsibilities, and to grant such further relief as the court deems proper, including requiring you to pay costs of this action.
YOU ARE HEREBY SUMMONED to appear for a hearing in Courtroom ____________ of the Circuit Court, at the
above address, on the (date), at the hour of (time), at which time an Order may be entered requiring you to pay support and
other costs asked in the Petition, a copy of which is attached hereto.
IF YOU FAIL TO APPEAR at the stated time and place, the court may enter judgment finding you to be the parent
of the child, enter child support orders, and address the other issues raised in the Petition.
Date:
THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M.
AND 6:00 A.M. ON THE PREMISES NOT OPEN TO THE PUBLIC, UNLESS A JUDGE OF
THE DISTRICT OR CIRCUIT COURTS PERMITS, IN WRITING ON THE SUMMONS,
PERSONAL DELIVERY DURING THOSE HOURS.
FAILURE TO OBEY THE SUMMONS MAY RESULT IN AN ENTRY OF A DEFAULT
JUDGMENT AGAINST THE PERSON SUMMONED.
DATE CLERK OF THE COURT
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
PROOF OF SERVICE
I served a certified copy of each document identified below by delivering to the following person(s):
PERSON(S)SERVED DATE TIME PLACE
DOCUMENTS SERVED
Petition in Paternity Summons
____________________________________
PLEASE EXPEDITE RETURN OF SERVICE TO FAMILY COURT
DATE POLICE OFFICER’S SIGNATURE BADGE ID NUMBER
DATE OTHER SERVING OFFICER’S SIGNATURE NAME OF SERVING OFFICER
UNSERVED DOCUMENTS: I certify that, despite due and diligent search, I was unable to
locate the person to be served, and therefore the attached documents are being returned as unserved.
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
STATEMENT OF MAILING
I represent that I caused one certified copy each of the Petition in Paternity; Summons to Answer
Petition; and Motion for Service by Mail and Affidavit; Order for Service by Mail; and ____________ , to be
mailed by certified or registered mail, return receipt requested, restricted delivery to:
____________________________________________________________
Respondent’s Name
____________________________________________________________
Respondent’s Address
____________________________________________________________
City, State, Zip
DATE PETITIONER’S SIGNATURE
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
MOTION FOR APPROVAL OF COMPROMISE AGREEMENT
I, ______________________________ , Petitioner, hereby requests the Court approve the Compromise Agreement attached hereto
and incorporated herein as though set forth in full, and further state as follows:
1. The Petitioner Respondent, admits that he is the father of the minor child(ren) of this action.
2. The parties have reached a Compromise Agreement that addresses all the issues of child support, visitation, and parenting.
3. The parties agree that the Compromise is fair and reasonable and request the Court approve the Agreement.
Date: __________________
____________________________________
Petitioner Respondent
Address:
________________________
________________________
________________________
Telephone: ________________________
CERTIFICATE OF SERVICE
I certify that on __________________ (date) the original and one copy of this document were filed with the Court; and, a true
and accurate copy of the MOTION FOR APPROVAL OF COMPROMISE AGREEMENT was served on the other party by
Hand Delivery OR by placing it in the United States mail, postage pre-paid, and addressed to the following:
TO: ______________________________
______________________________
______________________________
____________________________________
(Your Signature)
COMPROMISE AGREEMENT
STATE OF ____________
COUNTY OF __________________
WHEREAS , ____________________________________ (full legal name) , hereinafter
referred to as "Petitioner", and ____________________________________ (full legal name) ,
hereinafter referred to as "Respondent", are the parents of certain minor child(ren); and
WHEREAS , the parties desire to make a mutually acceptable settlement of their rights,
liabilities, obligations regarding child custody, support and visitation; and
WHEREAS , the parties intend that this Agreement shall be binding and effective subject
to approval by the Court in that certain action pending in the __________________ Court for the
State of __________________ , Case Number ____________ , which is an action to determine
parentage involving Petitioner and Respondent; and
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and
advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and
contract as set forth above and below and being sworn, certify that the all statements contained
herein are true and correct:
SECTION 1.
CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION
A. It is agreed that the Petitioner and the Respondent are the parents of the following
child(ren)
Name Birth date
B. Parental Responsibility Child Custody
Both Petitioner and Respondent are proper persons to have the permanent legal and
physical custody, parental responsibility, care and control of the minor children of the parties.
Petitioner and Respondent shall share the decision-making rights, the responsibilities and the
authority relating to the health, education and welfare of the children, and shall, therefore, make
joint decisions concerning the children’s health, education and welfare. Both Petitioner and
Respondent shall exchange information concerning the health, education and welfare of the
minor children, and shall confer with one another in the exercise of decision-making rights,
responsibilities and authority. Petitioner and Respondent shall have equal access to all medical,
dental and school records concerning the minor children.
However, the parties agree that the best interest of the child(ren) at this time is that
primary parental responsibility and physical custody of the minor child(ren) will be and agree as
follows:
Petitioner shall have primary parental responsibility and custody of the minor
child(ren) of the parties subject to the visitation rights of Respondent.
Respondent shall have primary parental responsibility and custody of the minor
child(ren) of the parties subject to the visitation rights of Petitioner.
Petitioner and Respondent shall have joint primary parental responsibility and
custody of the minor child(ren) of the parties, both legal and physical.
C. Secondary Parental Responsibility, Visitation, or Time Sharing -
General Provisions .
Visitation shall be conducted pursuant the following general provisions:
i) Visitation should be pleasant for the children and for the parent. Visitation should
help the children maintain a good relationship with the non-custodial parent.
ii) Visitation means the visiting parent has the children visit in his or her home
overnight. It may include trips and outings elsewhere.
iii) Visitation schedules shall be followed and the visiting parent shall inform the
other parent when he or she cannot comply with the schedule.
iv) Adjustment of the visitation schedule from time to time may be necessary
according to the children's ages, health and interests.
v) Visitation should provide meaningful personal contact for both the visiting parent
and the children.
vi) Visitation should not be used to check on the other parent and the children should
not be questioned for information about the other parent.
vii) Both parents should strive to agree on matters pertaining to the children, including
discipline, so that one parent is not undermining the other parent's efforts.
viii) It is in the child's best interest for each parent to have a frequent, meaningful and
continuing relationship with their children. For children to make an adequate adjustment
to the dissolution of their parents marriage, the children must be allowed to continue their
relationship with both parents, experience minimal changes in their lifestyle if at all
possible, and not experience post-divorce conflict between their parents.
D. Secondary Parental Responsibility, Visitation, or Time Sharing Schedule.
The non-custodial parent is entitled to reasonable visitation with the minor child (ren).
Petitioner and Respondent adopt the following visitation schedule for the non-custodial parent:
Birth to 1 Year of Age
i) Non-custodial parent shall have four (4) visits with the child per week, with such
contact lasting four (4) hours in length.
ii) If the child is taken from the home of the custodial parent, the child shall be
returned at least one (1) hour before evening bedtime.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled visitation plan.
The non-custodial parent shall be entitled to the following:
On each child's birthday from 5:00 p.m. until 8.00 p.m.;
Memorial Day Monday from 2:00 p.m. until 6:00 p.m.;
Labor Day Monday from 2:00 p.m. unti1 6:00 p.m.;
Thanksgiving Day from 2:00 p.m. until 6:00 p.m.;
Christmas Day from 2:00 p.m. until 6:00 p.m.;
Independence Day from 2:00 p.m. until 6:00 p.m.;
Mother's Day with Mother from 2:00 p.m. until 4:00 p.m. and Father's Day with
Father from 2:00 p.m. until 4:00 p.m.
1 Year of Age to 5 Years of Age
i) The non-custodial parent shall have access on alternate weekends from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
ii) Additionally, the non-custodial parent shall be permitted one (1) week night each
and every week with the child from 5:30 p.m. until 7:30 p.m.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled access/visitation
plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. until 8:00 p.m.;
Memorial Day Monday from 9:00 a.m. until 6:00 p.m.;
Independence Day from 9:00 a.m. unti16:00 p.m.;
Thanksgiving Day from 9:00 a.m. until 6:00 p.m.;
Christmas Eve from 6:00 p.m. until Christmas Day at 10:00 a.m.;
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.;
Easter from 8:00 a.m. unti1 6:00 p.m.;
Labor Day Monday from 9:00 a.m. until 6:00 p.m.;
Halloween evening from 5:30 p.m. until 8:00 p.m.;
Christmas Day from 10:00 a.m. until 7:00 p.m.
iv) Summer Visitation
The non-custodial parent shall have one (1) week of vacation with the children each June,
July and August of each year. The non-custodial parent shall notify the custodial parent in
writing no later than May 1 of each year as to the specific weeks of such summer visitation.
5 Years of Age and Beyond
i) Non-custodial parent shall have access with the child on alternate weekends from
Friday at 6:00 p.m. until Sunday at 6:00 p.m. and on the Wednesday preceding the
weekend access from 5:30 p.m. to 7:30 p.m.
ii) In addition, the non-custodial parent shall have access with the child during the
week immediately following the weekend visitation on Tuesday and Thursday evening
from 5:30 p.m. until 7:30 p.m.
iii) Holiday Access:
Holiday access takes precedence over the regularly scheduled access/visitation
plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. to 8:00 p.m.;
Spring Break from Friday at 6:00 p.m. to the Sunday prior to the start of school at
6:00 p.m.;
Memorial Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday;
Independence Day from 6:00 p.m. on July 3rd until 6:00 p.m. on July 5th;
Thanksgiving holiday from 6:00 p.m. on Wednesday until 6:00 p.m. on Sunday;
From 6:00 p.m. on December 26th until
6:00 p.m. on January 1st.
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.;
Easter weekend from 6:00 p.m. on Good Friday until 6:00 p.m. on Easter Sunday;
Labor Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday;
Halloween evening from 5:30 p.m. until 9:00 p.m. Christmas holiday from 6:00
p.m. on December 20th until 6:00 p.m. on December 26th.
iv) Mother's Day/Father's Day
The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
v) Summer Visitation:
The non-custodial parent shall have five (5) weeks of summer visitation with the child to
be taken in no more than two (2) week intervals and with such weekly or two (2) week visits to
be nonconsecutive. The non-custodial parent shall notify the custodial parent in writing no later
than May 1st of each year as to the specific weeks of such summer visitation.
E. Secondary Parental Responsibility, Visitation, or Time Sharing Additional
Provisions.
In exercising visitation rights the following additional provisions apply:
1. Conflicts Between Regular Weekend, Holiday, and Extended Summer
Visitation. Where there is a conflict between a holiday weekend and the regular weekend
visitation, the holiday takes precedence. Thus, if the non-custodial parent misses a regular
weekend because it is the custodial parent's holiday, the regular alternating visitation schedule
will resume following the holiday. If the non-custodial parent received two consecutive
weekends because of a holiday, the child will spend the following weekend with the custodial
parent. When there is a conflict between holiday visitation and extended summer visitation, the
holiday visitation takes precedence. When there is a conflict between regular weekend visitation
and extended summer visitation, extended summer visitation takes precedence.
2. Appropriate Conduct By Parents . Parents shall, at all times, avoid speaking
negatively about each other and should firmly discourage such conduct by relatives or friends.
Each parent should encourage the children to support the other parent. The basic rules of
conduct and discipline established by the custodial parent should be the baseline standard for
both parents, and consistently enforced by both, so that the children do not receive mixed signals.
3. Parental Communication. Parents shall at all times keep each other advised of
their home and work addresses and telephone numbers. So far as possible, all communication
concerning the children shall be conducted between the parents in person, or telephonically at
their residences (and not at their places of employment).
4. Grade Reports and Medical Information. The custodial parent shall provide
the non-custodial parent with grade reports and notices from school as they are received and
shall, consistent with Alaska law, permit the non-custodial parent to communicate concerning the
children directly with the school and with the children's doctors and other professionals, outside
the presence of the custodial parent. Each parent shall immediately notify the other of any
medical emergencies or serious illnesses of the children. The custodial parent shall notify the
non-custodial parent of all school or other events (like Church or Scouts) involving parental
participation. If the children are taking medications, the custodial parent shall provide a
sufficient amount and appropriate instructions.
5. Visitation Clothing. The custodial parent shall send an appropriate supply of the
children's clothing with them, which shall be returned clean (when reasonably possible), with the
children, by the non-custodial parent. The non-custodial parent shall advise, as far in advance as
possible, of any special activities so that the appropriate clothing may be sent.
6. Visitation or Support Disputes. Neither visitation nor child support is to be
withheld because of either parent's failure to comply with a court order. The children have aright
to both support and visitation, neither of which is dependent upon the other. In other words,
failure to pay support does not mean no visitation and no visitation does not mean no support. If
there is a violation of either a visitation or a support order, the exclusive remedy is to apply to the
court for appropriate sanctions.
7. Adjustments to This Visitation Schedule. Although this is a rather specific
schedule, the parties are expected to fairly modify visitation when family necessities, illnesses or
commitments reasonably so require. The requesting party shall give as much notice as
circumstances permit.
8. Pickup and Drop-off. Unless other arrangements are made, the non-custodial
parent shall pick up the children at the times specified and return them at the times specified.
The custodial parent shall have the children ready for visitation at the time they are to be picked
up and shall be present at the home to receive the children at the time they are returned.
Unjustified violations of this provision may result in the offender being subject to contempt of
court. (Commentary: While it is most desirable for the parents to pick up and return the children,
this provision does not prohibit grandparents, current spouses or other appropriate adults known
to the children.)
9. Extracurricular Activities. Children are often involved in sports, lessons, and
other extracurricular activities, which are generally to their benefit and enjoyment. Each parent
shall recognize that a reasonable amount of extracurricular activities are generally assumed to be
in the children's best interests. Each parent should attempt to be flexible in order to
accommodate the children's extracurricular activity schedules as must as reasonably possible,
although extracurricular activities should not supersede summer visitation with non-custodial
parents, nor should they be used as a method by which to deny access to the non-custodial
parent. In recognition of the scheduling difficulties that can be caused by children' s
extracurricular activities, custodial parents should act in good faith in attempting to schedule
such extracurricular activities as not to unreasonably infringe upon the non-custodial parent's
access to the children. Likewise, the non-custodial parent should act in good faith in attempting
to assist in transportation needs and in accommodating the children's extracurricular schedules as
much as reasonably possible. Good faith communication by the parents is essential with regard
to the difficult issue of the scheduling of children's extracurricular activities.
10. Notice of Canceled Visitation. Whenever possible, the non-custodial parent
shall give a minimum of three (3) days notice of intent not to exercise all or part of the scheduled
visitation. When such notice is not reasonably possible, the maximum notice permitted by the
circumstances, and the reason therefore, shall be given. The custodial parent shall give the same
type of notice when good cause exists making the cancellation or modification of scheduled
visitation necessary.
11. Missed Visitation. In the event the non-custodial parent misses visitation as the
result of illness of the child or parent, an emergency, or other such reasonable excuse, the parties
shall make a good faith effort to make up a portion of that visitation within a reasonable period
of time, understanding the importance of the non-custodial parent's continuing and frequent
contact with the children. (Commentary: It is important to remember that illness should not
necessarily deprive the non-custodial parent of visitation with the children. Clearly, a non-
custodial parent can take care of a sick child as well as the custodial parent in many
circumstances.)
12. Custodial Parent's Vacation. Unless otherwise specified, the custodial parent
shall be entitled to a period of vacation with the children no less than that accorded the non-
custodial parent, whose visitation shall abate during the first fourteen days thereof, and thereafter
only so long as distance makes visitation impracticable.
13. Caretaker Provision. As a general rule, each parent shall have the right of first
refusal for childcare or baby sitting needs of the other parent for durations of four hours or more.
Whenever either parent has a need for child care or baby sitting for a duration of four hours or
more, that parent should always make a good faith attempt first to inquire of the other parent,
with as much advance notice as reasonably possible, whether the other parent desires to provide
child care or baby sitting. The other parent is under no obligation to provide the childcare or
baby sitting. If the other parent elects to provide such childcare or baby sitting, it shall be done
at no cost. This provision is intended to provide each parent additional access to the children
whenever reasonably possible.
14. Telephone and Mail Privileges. Each parent shall allow liberal and reasonable
telephone and mail privileges with the children.
15. Medical Reports and Bills. The Custodial parent shall provide copies of all
medical information, and documentation, including bins, within seven (7) days of their receipt
and shall immediately notify the other parent in the event of a medical emergency. Every effort
shall be made for the custodial parent to provide the non-custodial parent with the necessary
information of a medical expense in order to get the bill satisfied. The parent with the medical
insurance shall provide the other parent with a copy of the explanation of benefits within seven
(7) days from the date of receipt of same so that the uninsured portion of the bill can be quickly
calculated and paid within a reasonable period of time.
16. Abatement of Support During Extended Visitation. If the non-custodial
parent's support obligation is current, support shall abate by 50 percent during any visitation of
seven (7) consecutive days or more. If support is not current, the 50 percent that would have
been abated shall be paid and shall apply to the existing arrearage. (Commentary: If the
custodial parent actually receives the full amount of child support during this period and if
support is current, it is the custodial parent's obligation to refund the money immediately to the
non-custodial parent. This alleviates many of the problems that arise when wage-withholding
orders have been issued.)
17. Modification. If the parties mutually agree permanently to change the provisions
of their decree of divorce, they must petition the Court to approve and order that change. In the
event that the parties do not obtain a court order, the Court will not be bound by any alleged
agreement of the parties.
F. Other Provisions.
{explain any other agreed-upon arrangements}
Neither parent shall take the child(ren) from the custody of the other parent or any child
care provider or other person entrusted by the other parent with the care of the child(ren) without
the agreement of the other party during the other party’s time of parental responsibility or
visitation.
SECTION 2.
CHILD SUPPORT, HEALTH INSURANCE, DENTAL INSURANCE
A. Amount and Person to Pay. Petitioner Respondent will pay child support
to Respondent Petitioner for the benefit of the minor children of the parties in the amount
of $ ____________ , per child, every week other week month, beginning
______________________ {date} and continuing until modified by court order, or the minor
child(ren) becomes an adult, emancipated, marries, dies, otherwise becomes self-supporting.
(Note: Child support is stated in terms of amount per child.)
B. Child Support Arrearage. There currently is a child support arrearage of
$ ____________ for retroactive child support and/or $ ____________ for previously
ordered unpaid child support. The total of $ ____________ in child support arrearage shall be
repaid at the rate of $ ____________ every week other week month, beginning
_______________________ , until paid in full including statutory interest.
C. Health Insurance. Petitioner Respondent will maintain health insurance
coverage for the parties’ minor child(ren). The party providing coverage will provide insurance
cards to the other party showing coverage. OR Health insurance is not reasonably available
at this time. Any uninsured/unreimbursed medical costs for the minor child(ren) shall be assessed
as follows:
a. Shared equally by both parents.
b. Prorated according to the child support guideline percentages.
c. Other {explain} : _____________________________________
__________________________________________________________
As to these uninsured/unreimbursed medical expenses, the party who incurs the expense
shall submit a request for reimbursement to the other party within 30 days, and the other party,
within 30 days of receipt, shall submit the applicable reimbursement for that expense, according
to the schedule of reimbursement set out in this paragraph.
D. Dental Insurance. Petitioner Respondent will maintain dental insurance
coverage for the parties’ minor child(ren). The party providing coverage will provide insurance
cards to the other party showing coverage. OR dental insurance is not reasonably available at
this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as
follows:
a. Shared equally by both parents.
b. Prorated according to the child support guideline percentages.
c. Other {explain} : ____________________________________
______________________________________________________
As to these uninsured/unreimbursed dental expenses, the party who incurs the expense
shall submit a request for reimbursement to the other party within 30 days, and the other party,
within 30 days of receipt, shall submit the applicable reimbursement for that expense, according
to the schedule of reimbursement set out in this paragraph.
E. Life Insurance. Petitioner Respondent shall be required to maintain life
insurance coverage for the benefit of the parties’ minor child(ren) in the amount of $ _________
until the youngest child becomes an adult, becomes emancipated, marries, dies, or otherwise
becomes self-supporting.
IRS Income Tax Deduction(s). The parent granted primary residential responsibility or
sole parental responsibility of the parties’ minor child(ren) shall have the benefit of any tax
deductions for the child(ren) or as follows {explain} :
______________________________________________________________________________
______________________________________________________________________________
The other parent will convey any applicable IRS form regarding the income tax
deduction.
F. Other provisions relating to child support (e.g., uninsured medical/dental
expenses, insurance coverage, life insurance to secure child support, orthodontic payments,
college fund, etc.):
_________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________
SECTION 3.
ABSENCE OF DURESS OR UNDUE INFLUENCE
The parties agree and state that each has freely and voluntarily entered into this
agreement. This agreement was executed free of any duress, coercion, collusion, or undue
influence. In some instances, it represents a compromise of disputed issues; however, the
parties believe that the terms and conditions of the Agreement are fair and reasonable.
SECTION 4.
ENFORCEMENT
This Agreement may be enforced by actions and proceedings for Contempt of Court, or
attachment and garnishment, for specific performance, or any other remedy legally available to
either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement.
SECTION 5.
BANKRUPTCY
To the extent of any obligation contained herein is discharged in bankruptcy and the non-
bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition
a court of competent jurisdiction for spousal support in an amount sufficient to cover any
amounts so discharged.
SECTION 6.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and each party
acknowledges that there are no further agreements not expressly included herein and that this
Agreement may be modified, altered, or amended only in writing, duly signed and notarized by
each in the form of this original.
SECTION 7.
FULLY READ AND UNDERSTAND; INFORMED CONSENT
Each party represents and acknowledges that he or she has fully read this Agreement,
consulted with each other, carefully considered same, and have signed and executed same after
such consultation, that the signing of this Agreement is free and voluntary without force or
collusion by either party or any third party, and that each party signed same with the full
knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they
have had a reasonable opportunity to consult with an attorney of their choice in the negotiation
and preparation of this document, and regarding any divorce proceeding.
SECTION 8.
SEVERABILITY
If any portion of the agreement shall be held to be void, voidable or unenforceable for
any reason, then all the remaining parts or portions shall be construed, implemented and
administered as if such void, voidable or unenforceable portion did not appear herein.
SECTION 9.
CONTROLLING LAW
This Agreement shall be governed, enforced and interpreted according to the laws of the State of
Montana.
SECTION 10.
EFFECTIVE DATE; HEIRS AND ASSIGNS
This agreement shall be binding upon the parties and their legal representatives,
successor, heirs and assigns, subject to approval by the Court in which paternity proceedings are
instituted or pending.
EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I
have been open and honest in entering into this settlement agreement. I am satisfied with this
agreement and intend to be bound by it.
Dated:
Signature of Petitioner
Printed Name:
Address: _
City, State, Zip:
Telephone Number:
Fax Number:
Dated:
Signature of Respondent
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
STATE OF MONTANA
COUNTY OF __________________
On this ______ day of ____________ , 20 ______ , before me personally appeared
______________________________ , to me known to be the person (or persons) described in
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
____________________________________
Notary Public
Print Name
My Commission Expires: ____________
STATE OF MONTANA
COUNTY OF __________________
On this ______ day of ____________ , 20 ______ , before me personally appeared
______________________________ , to me known to be the person (or persons) described in
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
____________________________________
Notary Public
Print Name
My Commission Expires: ____________
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
ORDER APPROVING COMPROMISE AGREEMENT
THE COURT, having read and considered the Motion for Approval of Compromise Agreement, having reviewed the case file and
being fully advised in the premises therein, rules as follows:
1. This Court has jurisdiction over the parties under the law.
2. Petitioner and Respondent are the natural parents of the child(ren).
CHILD’S NAME DATE OF BIRTH
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
3. The terms and conditions contained in the Compromise Agreement filed by the Parties is approved and incorporated herein though
set forth in full.
4. That the birth certificate of the child(ren) is at variance with this Decree and new birth certificate shall be issued pursuant to
H.R.S. 584-23 and the child’s last name changed to that of the Petitioner Respondent.
5. OTHER ORDERS: This Court makes further Orders relating to this matter as follows:
________________________________________________________________________
DONE IN OPEN COURT
Date: __________________
____________________________________
JUDGE
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
MOTION FOR GENETIC TESTING
I, ______________________________ , ask that the Court Order all parties to submit to genetic testing, and state as follows:
1. The Petitioner Respondent, denies that he is the father of the minor child(ren) of this action.
2. The Court has authority to order genetic testing.
3. I have contacted ________________________________________________ (name of lab), and have obtained an appointment for
__________________ (date) at ____________ so that all parties may appear for purpose of obtaining genetic specimens.
4. I have been advised that the cost of this testing will be $ ____________ (total amount for genetic testing).
5. I request that the Court order that the tests be paid as follows:
____________ % Petitioner ____________ % Respondent
6. I also ask that the Court order all parties to cooperate with the testing, and to notify the Petitioner
Respondent that if he fails to do so, the Court may enter orders against him including finding him to be the father of:
Names of Children:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Date: __________________
____________________________________
Petitioner Respondent
Address:
________________________
________________________
________________________
Telephone: ________________________
CERTIFICATE OF SERVICE
I certify that on __________________ (date) the original and one copy of this document were filed with the Court; and, a true and
accurate copy of the MOTION FOR GENETIC TESTING was served on the other party by
Hand Delivery OR by placing it in the United States mail, postage pre-paid, and addressed to the following:
TO: ______________________________
______________________________
______________________________
____________________________________
(Your Signature)
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
AFFIDAVIT IN SUPPORT OF GENETIC TESTING
STATE OF MNTANA
COUNTY OF __________________
____________________________________ , being duly sworn, deposes and says:
1. I am the petitioner in the within action and submit this affidavit in support of my Motion for Genetic Testing.
2. That the following facts establish a reasonable possibility of the requisite sexual contact between the parties:
________________________________________________________________________
WHEREFORE, I respectfully request that the Court enter an Order requiring the Respondent submit to genetic testing.
Sworn to before me this day of ________________________
____________________________________
Notary Public
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
ORDER FOR GENETIC TESTING
THE COURT , having read and considered the Motion For Genetic Testing, having reviewed the case file and
being fully advised in the premises therein, rules as follows:
THE COURT FINDS that it appropriate to grant the motion.
IT IS THEREFORE ORDERED:
1. The parties are ordered to submit to genetic testing and samples to be drawn at ______________________________
on ________________________ at ________________________ .
Name of Lab Date Time
2. The parties shall cooperate with the genetic testing.
3. Costs of genetic testing shall be paid by ___________ % Petitioner __________ % Respondent.
4. Should the Petitioner Respondent fail to comply with said testing, a default order may enter against that party.
5. The matter shall be set for hearing by Petitioner Respondent before this Court, for receipt of testing results once the
results are received.
6. Both parties are ordered to notify the Court, in writing, of any change of address for notice purposes.
DATE: __________________
BY THE COURT:
____________________________________
Judge
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
AGREEMENT FOR GENETIC TESTING
Petitioner and Respondent agree to the following:
1. The Respondent requests genetic testing and denies that he is the father of the minor child(ren):
Name of Child(ren) Date of Birth
________________________________________________ ____________________________________
________________________________________________ ____________________________________
________________________________________________ ____________________________________
2. It is agreed that the Child, Petitioner, and Respondent will submit to genetic testing.
3. Costs of genetic testing shall initially be paid by: Petitioner Respondent
4. If the ________________________ fails to appear for the testing, the Court may find him to be the father.
5. The matter will be set for hearing once the test results are received.
6. The parties agree to notify the Court, in writing, of any change of address or employment within ten days of the change.
I have read this agreement, understand the terms and agree to be bound by those terms.
____________________________________ ____________________________________
Petitioner Respondent
STATE OF MONTANA
__________________ COUNTY
Signed before me under oath on this date: __________________ ____________________________________
Notary Public [Deputy] Clerk of Court
____________________________________
[seal] Notary’s Address
____________________________________
Notary’s City, State, Zip
MONTANA JUDICIAL DISTRICT COURT, COUNTY
) Dept. No.
) Cause No.
)
NAME OF PLAINTIFF )
)
)
V. )
)
)
NAME OF DEFENDANT )
)
)
ORDER FOR GENETIC TESTING BY AGREEMENT
THE COURT, having read the foregoing agreement between the parties regarding genetic testing,
FINDS THAT, the same is fair and not unconscionable, and therefore makes the same an order of the Court.
The parties shall appear for genetic testing as stated in the agreement.
Costs of testing shall be paid by Petitioner Respondent
Date: __________________
BY THE COURT:
____________________________________
