Legal Question in Family Law in Montana

Mother is entitled to move as she wishes. She is not entitled to take the child without first obtaining Father's written permission or obtaining a court order granting permission for her to take the child.

Mother and Father can resolve the parenting issue by one of a couple of methods.

(1) Father can say, "Sure, I'll sign giving you permission."

(2) Father can say, "No, I want the child to stay here and live with me."

(3) The parents can agree to mediate the issue and obtain a written parenting plan as a result, then file the plan with the court.

(4) One of the parents can file a petition with the Court to approve a parenting plan that allows Mother to take the child or that allows Father to have residential custody of the child.

Even if Mother decides to remain in the same town with Father, the parents should have a written parenting plan that meets the child's best interests according to the child's age. This means they need to plan for the child's current needs and loosely predict a plan further in the future when the child is in elementary school, again for high school. They can agree anytime to change the plan. They will need to file the plan with the court for it to be enforceable. They also will file any amendments as they develop.