When a Parent Wants to Move

Montana's statute on parent relocation is section 40-4-217, notice of intent to move says:

(1) A parent who intends to change residence shall, unless precluded under §40-4-234 (final parenting plan criteria), provide written notice to the other parent.

(2) If a parent's change in residence will significantly affect the child's contact with the other parent, notice must be served personally or given by certified mail not less than 30 days before the proposed change in residence and must include a proposed revised residential schedule. Proof of service must be filed with the court that adopted the parenting plan. Failure of the parent who receives notice to respond to the written notice or to seek amendment of the residential schedule pursuant to §40-4-219 within the 30-day period constitutes acceptance of the proposed revised residential schedule.

Do I really have to give written notice if I'm just moving four blocks down the street?

Yes. A move clear across most Montana towns will not affect parenting time. Nevertheless, parents must keep each other informed of their current residential addresses and telephone numbers so that both parents know where their child is.

What does "significantly affect" mean in Paragraph 2?

"Significant" is different with each case. A move within the child's school district usually does not significantly affect either parents' contact with the child. Sometimes even moving to an adjacent town does not significantly influence parenting time. Think about how you and the other parent carry out your parenting responsibilities now, and consider how relocation will reduce or inhibit the other parent's time with the child.

What must the relocating parent do?

At least 30 days before the move, the relocating parent must:

1. Notify the other parent by serving the other parent with Notice of Intent to Move, and attach to the Notice a proposed revised parenting plan/residential schedule.
2. Properly serve the Notice on the other parent.
3. File Proof of Service with the court, and serve a copy of the Proof on the other parent.

When must I notify the other parent?

You must serve the Notice at least 30 days before you intend to move.

What is proper notice?

Proper notice should include the date you plan to move, and the residential address and telephone number where you will be living. You must attach your proposed revised parenting schedule (also called a parenting plan, residential plan or residential schedule).

What is proper service?

You must serve personally or by certified mail. If you serve personally, one person will deliver the document to the parent and hand it to the parent - person to person. If the server is a licensed process server, s/he will complete an affidavit of service stating that s/he served the Notice. If you mail the Notice, you must mail it by certified mail. You will not receive an affidavit of service; your proof of service can be the green "return receipt requested" card.

What is Proof of Service?

You must file with the clerk of court a document stating that you served notice on the other parent. Attach the process server's affidavit of service or the green return receipt card. Send a copy to the other parent.

What must the other parent do?

If you object, you have 30 days to respond by filing an objection with the court. You must attach or file separately your own proposed revised parenting schedule. You must serve on the moving parent a copy of your objection and proposed revised parenting schedule. If you do not respond, the court takes your silence to mean you do not object to the move or to the moving parent's revised parenting schedule.

How can I avoid a court fight?

Filing documents in court does not mean you must fight. For the nonmoving parent's protection, the law requires the formalities of notice and opportunity for objection. However, courts are happy when parents work together to create a parenting schedule that works for them and the child.

If parents are willing to work toward an agreement, they have several options:

• Well before the proposed move, the moving parent informally notifies the other parent. They begin working together on a new parenting plan. They file the new revised parenting plan instead of the notice and response.
• The moving parent serves the 30-day Novice. The parents begin working on a modified parenting schedule. If they have a new plan within 30 days, they can file the new plan instead of the objection. If they have not worked out a new plan within 30 days, or if they are close to an agreement, the responding parent can file an objection before the 30 days elapse to avoid waiving the right to object. Even after filing the objection, the parents can begin or continue working toward an agreement. If they resolve some or all of the contested issues, they can file the partial resolution or the new parenting schedule with the court.