Legal Question in Family Law in Montana

One option is to file a Motion to Modify Parenting Plan (or Parenting Schedule or whatever the original parenting plan is called). If you don't have a court-ordered parenting plan, you'd file a Motion for Parenting Schedule. The focus is "child's best interest." You need to outline the reasons the children's best interests are not being protected when they are with the other parent. In this situation, the parent has a seizure disorder, has medication but does not take it, drives without her anti-seizure medication with the children in the car, and is likely moving out of state in October.

What you request the court to do is issue an order that:

1 - Prohibits her from driving with the children in the car.

2 - Depending on the severity of the seizures and the ages of the kids, perhaps an order that, during her parenting time, she have someone with her who is capable of handling her seizures.

3 - If you do not already have a parenting plan that talks about parents relocating, the order can include statutory language about the moving parent giving notice to the other parent.

4 - Depending on the circumstances, consider a provision naming you "primary" or "residential" parent in light of mother's unmedicated seizure disorder and possible removal to Texas.

If you can't afford an attorney, call your closest Montana Legal Services or the Montana State Bar Referral Service for an attorney who will take your case on a 'pro bono' or reduced fee basis.