Legal Question in Family Law in Montana

If the RO is a separate matter, the respondent needs to respond to both individually. If a party does not contest the dissolution within the time allowed, the petitioner moves for a default decree of dissolution of marriage and the court (usually) routinely grants it. In contested matters, the judges in my district usually require an attempt to mediate disputed issues. The mediator usually files a report informing the court that the parties attempted but could not agree or that they successfully mediated.

Short answer regarding the dissolution of marriage: Yes, he defaulted. Yes, file a Motion to Enter Default Judgment. Say that you filed the petition on (date), that Respondent did not respond within the 20 days allowed, and has yet to respond, and so the court should enter a decree of dissolution in your favor.

Short answer regarding change in location: Yes, file a Notice of Intent to Relocate. Follow the statute closely (too much information for this post). Also note if father has not exercised any parenting time so far and got interested only when you told him you needed to move.

The most efficient way to do all this is to retain counsel to draft the motions and argue your reasons in court especially when Respondent has an attorney who knows the rules and has done this routinely. If you can't afford an attorney, call the Montana State Bar Referral Service for help in finding a pro bono attorney.