Montana Request for Setting Hearing
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How to fill out Montana Request For Setting Hearing?
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FAQ
Ask the court for a motion date. Identify and fill out your motion forms. Serve and file your motion forms. Confirm that you will attend the motion. Go to your motion hearing. Receive the judge's decision.
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.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to
Hearing on a motion is Motion Hearing. A Motion is a request asking a judge to issue a ruling or order on a legal matter.At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order.
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.
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.
Go to the Clerk of District Court's office in your county courthouse. File the original Petition for Name Change, Order Setting Hearing, and Notice of Hearing on Name Change. If you can't afford the filing fees, ask the Clerk of District Court for an Affidavit of Inability to Pay.
The Notice of Motion usually begins with the caption that includes the court of jurisdiction, the docket number, and below the docket number, "Notice of Motion." It is usual to then write, "Please take Notice that the undersigned will bring a motion for (what you are asking the court for or to do)." Read the Local
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.
