Legal Question in Family Law in Montana
Leaving the state with children before the divorce is final.
My sister has been told (not ordered by a court) that she needs to notify her astranged husband of any intent to move out of state with their four children by giving him 30 days written notice. At which time he would be able to contest and mediation would be needed. Is there any way for her to leave without his permission? If not should she simply give him notice A.S.A.P. and follow the process to its uncertain end?
1 Answer from Attorneys
Re: Leaving the state with children before the divorce is final.
Montana law requires your sister to provide written notice of her intent to move, served upon dad either by certified mail or by personal service. She needs to attach a proposed parenting plan to her notice. Yes, he has a right to contest -- not the move, because she has a right to travel -- the parenting plan she proposes be implemented as a result of the move. The alternative is to just up and leave with the kids. Expect dad to go to court, move the court for an ex parte order (meaning this is so important, Judge, that you shouldn't even wait for mom to be served, just grant the motion quick) parenting plan that calls for the children living with dad and mom having her parenting time as her job and travel allows. Then, yes, you have mediation or litigation to create a parenting plan everybody can perform.
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