Legal Question in Family Law in Montana

Re: Visitation on Holidays

Your post does not say which state issued the parenting plan. I will assume Montana.

Let's answer the easiest question first. During regular parenting time, you return your son to mom's house by 5:00 p.m. Your parenting plan does not address return time, so best guess is that the 5:00 time is the rule for all return times.

Can you return him at 9:00? Smart-aleck answer is "Sure, you can do anything you want." But YES you will be violating the parenting plan, and you will probably rattle any trust mom has in you.

However, in the two district courts where I practice (Missoula and Ravalli Counties), Father and Mother can vary the court-ordered plan any time they agree to a one-time or permanent change. All they need to do is write out the amendment to the parenting plan, date and sign it, and for permanent changes file the agreement with the court having jurisdiction.

Now, about this particular birthday Sunday. Well in advance, you can telephone mom and propose a change for this particular Sunday.

First possibility: If the child is in school, you will have to leave at 4:00 a.m., which presumes the child will sleep well in the car or otherwise might not stay awake during school. I probably wouldn't ask for an overnight in that situation. But if the child is not in school yet, then day care probably doesn't care if he naps or not.

Second possibility: Well in advance, ask mother for a 9:00 pm extension. Include some attractive elements:

He'll be fed when he gets home -- You want to stop at a restaurant that you pass on the way to mom's and you both would like to try it, or someone asked you and your son to supper.

His homework will be done -- You'll check his assignments first thing upon arrival at your house. You'll make sure it's done before he gets back to mom's.

He'll be ready Monday a.m. -- His school backpack will be properly packed and ready for school. He'll be showered and shampooed for Monday morning. He'll have his Monday clothes ready.

If he's pretty young, he'll be in his jammies and ready for bed in case he falls asleep in the car (and you'll have a pillow and blanket for that).

Memories fade, details sometimes get forgotten, etc. Confirm the agreement in a simple note, keep a copy.