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Complaint: The Court has civil complaint forms available for you to use which include instructions that will help you explain your lawsuit to the presiding judge and to the opposing party or parties. Filing Fee: The filing fee for a complaint is $350.00 plus a $50.00 administrative fee for a total of $400.00.
The process to request changes is called amending a parenting plan. The amendment process may be initiated by one parent if both parents are not in agreement, or by both parents that agree on the changes.
1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.
The Agreed Amended Parenting Plan outlines the new parenting schedule that you and the other parent have agreed on. Note: Use these instructions and forms to make changes to your Parenting Plan. These instructions and forms may not be right for your case. They can not take the place of advice from a lawyer.
In Montana, sole physical custody is given to the parent with whom the children spend the most time with. Montana shared physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children.
Montana law states that the court will decide parenting arrangements based on what it believes are the "best interests of the child" (M.C.A. § 40-4-212).
There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.