Starting a Dissolution or Parenting Case in MT for Custody

Handling parenting after you split with your ex is often complicated. Getting a parenting plan from the court makes it easier by setting rules for decision-making, parenting time and child support. To get a parenting plan, open a dissolution of marriage case (a divorce) or a parenting case.

Why open a case even if you're not divorcing

A parenting plan ensures you know how to handle parenting matters without being in constant contact with your co-parent.

Some exes co-parent well without a court-ordered parenting plan, but having one makes things more likely to go smoothly. There are penalties, like fines or even jail time, for disobeying it.

Before you start your case

Keep in mind, Montana courts can only hear your case if your child has lived in the state for at least six months.

Montana prefers not to use the terms custody and visitation anymore. Instead, it uses decision-making and parenting time, and it addresses both topics in your parenting plan.

If you hire a lawyer, they will start your case for you. Otherwise, follow the steps below. Some procedures may differ by judicial district.

The parent who starts the case is the petitioner. The other parent is the respondent.

Step 1: Fill out your forms

Fill out the appropriate forms for your case type. Make three copies of each.

You can find dissolution forms and parenting plan forms online. Your local Court Help Program can help you fill them out.

The following forms apply to all cases:

• Petition for your case type
• Proposed parenting plan
• Summons for your case type
• Financial Affidavit
• Vital Statistics Reporting Form
• Statement of Inability to Pay Court Costs and Fees (if you can't pay)

If you want to attend mediation, fill out a Motion Requesting Order for Mediation.

If you want temporary orders for parenting and for child support while your case is in progress, request an interim parenting plan.

If you reach a parenting agreement, fill out and sign the proposed parenting plan form together.

If you're still unsure about which forms you'll need, use the Montana Courts online questionnaire.

Dissolution of marriage

At least one spouse must live in Montana for a minimum of 90 days before filing for dissolution of marriage.

In addition to the forms for all cases, complete the following:

• Petition for Dissolution with Parenting Plan
• Summons and Automatic Economic Restraining Order
• Description of Existing Medical Coverage
• Proposed Property Distribution

Montana is a no-fault state. You don't have to prove in court there's a "reason" for the divorce, and you can get divorced even if your spouse doesn't want to.

Spouses who agree on all terms of their divorce can file for joint dissolution. You'll fill out a petition and proposed parenting plan together and sign each document. You'll also need to create a divorce settlement agreement to cover nonparenting matters like property division.

Some spouses choose to legally separate instead of ending their marriage. If they decide to divorce, they must wait six months from the date of separation to file for dissolution.

Step 2: Hand in your forms

Take your paperwork to the clerk of the district court in a county where you, the other parent or your child lives. They will assign a case number and file your forms.

If you filed for dissolution, a temporary economic restraining order will go into effect. You won't be allowed to sell or give away or take out loans on property while the order is in effect.

Step 3: Serve the other parent

The other parent learns of the case through service, which is when they're given copies of the forms you filed.

An adult other than you, such as a friend, professional process server or sheriff, must serve. They also need to fill out and return to you a Certificate of Service, which you'll file with the court as proof of service.

Expect to pay between $100 and $135 for a process server and around $70 for a sheriff.

If you want the sheriff to serve, take the following to your local sheriff's office:

• Request for Sheriff to Serve Documents (Leave page 3 blank. The sheriff will fill it out, then give you a copy to file with the court.)
• Copies of your petition, summons and proposed parenting plan (attached to the request)
• Service fee or an Affidavit and Order of Inability to Pay Filing Fees

After receiving service, the respondent has 21 days to respond with an Answer and proposed parenting plan.

If you get government assistance — e.g., Temporary Assistance for Needy Families — you must also notify the Child Support Services Division (CSSD) of your case. Fill out a Notice and Acknowledgement to CSSD and Attorney General, and attach a copy of your petition and proposed parenting plan. Take it to your local child support office.

Preparing for what comes next

After you start a dissolution or parenting case, you'll either go to mediation or have a court hearing.

Mediation is often required by the court. If not, a judge can order it or a parent can request it. If you don't have to attend mediation, you'll go to a hearing.

Whichever is the next step in your case, using a parenting app can make the process much easier.

The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.

Be prepared for your hearing and every step of your case with Custody X Change.

Resources

For more guidance, look to:

• Montana Code – Title 40: Family Law
• Introduction to Family Law in Montana
• Montana Law Help
• Montana Legal Services Association
• Montana Court Help Program
• Montana Lawyer Referral and Information Services

We spoke to several attorneys to help us understand child custody in Montana. In particular, we'd like to thank Attorney Amy Lord of Missoula.