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You are allowed to modify a parenting plan once it is approved in family court as long as you can show that the current plan is no longer meeting your children's needs.
That is, one parent can file a Petition for a Parenting Plan and serve the other parent resulting in a contested proceeding. Or, if both parents agree on how parenting time and decision-making should go, they can file what is called an agreed, or stipulated, parenting plan.
Child custody laws in Montana allow judges to take a child's wishes into account as a single factor in custody determinations, but will not allow any child under 18 to unilaterally decide which parent to reside with.
File the original Motion to Amend Parenting Plan, Supporting Affidavit, Proposed Amended Parenting Plan, Order to Show Cause, and Order Amending Parenting Plan with the Clerk of District Court in the county where your original Parenting Plan was filed. Give the Clerk of Court a self-addressed stamped envelope.
Child custody laws in Montana allow judges to take a child's wishes into account as a single factor in custody determinations, but will not allow any child under 18 to unilaterally decide which parent to reside with.
Setting Age-Appropriate Limits. Understanding and Responding to the Child's Needs. History of Childcare Involvement. Methods for Resolving the Custody Conflict with the Other Parent. Child Abuse. Domestic Violence. Substance Abuse. Psychiatric Illness.