Legal Question in Family Law in Montana

This is a very basic answer that does not begin to describe all the good and bad points of each choice. My best advice is to get an attorney.

You have two very basic choices: Take matters into your own hands and roll the dice for an outcome OR use the court system for a more controlled and secure resolution.

At this point, neither parent obtained a parenting order from the court. Therefore, each parent has a right to the child. And, also, neither parent has a court order that law enforcement can enforce. No order exists to require the parents to share parenting, to allow one parent to "keep" the child, or to prevent one parent from moving out of state with the child. If a parent decides to do one of these things, law enforcement cannot assist the other parent to retrieve the child -- the parent doesn't have an order that law enforcement can enforce.

If one parent moves away, or moves to a different house with the child, the other parent can seek a parenting order that requires the moving parent to return the child or to allow parenting time, financial support for the child, etc.

If you have a court order, the order protects the child's rights and each parent's rights. Law enforcement can enforce the order.

Also, without a court order or Child Support Enforcement intervention, the child receives child support only if the parents voluntarily provide it. Either parent can file a support case with CSED without a court order, or the support case can be opened as part of a parenting action.

Also consider the child's relationship with the other parent and the child's right to that relationship. Especially if the child and other parent are bonded, removing the child without some preparation can be rough for the child to adjust to the new environment and to the change in parenting time.