Cooperative Family Law

Building a Cooperative Parenting Plan

Q: How does a Montana court decide parenting?

Montana courts apply the best interests of the child standard, weighing factors such as each parent's relationship with the child, the child's needs and stability, and each parent's ability to meet them. In a cooperative process, you and your co-parent craft the plan yourselves, guided by that same standard, instead of leaving it to a judge.

A parenting plan should protect your children from conflict, not become the next battleground. Here's how to build one that lasts.

Written & reviewed by

Misty Gaubatz & Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: June 19, 2026

When parents separate, the parenting plan is the document that will shape their children's daily lives for years. Done well, it gives kids stability and shields them from adult conflict. Done badly, or fought over in court, it can become a source of stress that follows a family long after the divorce is final. The cooperative approach is designed to get this right.

What a Montana Parenting Plan Covers

Residential schedule, where the children live and the day-to-day and weekly schedule with each parent.
Decision-making, how parents share major decisions about education, health care, and religion.
Holidays & vacations, a clear plan for holidays, school breaks, birthdays, and summers.
Transportation & exchanges, who handles pick-ups and drop-offs, and where.
Communication, how parents will share information and how the children communicate with each parent.
Dispute resolution, an agreed, low-conflict way to handle disagreements without rushing back to court.

The Standard: Best Interests of the Child

Montana law guides parenting decisions by the best interests of the child. In contested cases, a judge applies that standard based on limited courtroom evidence. In a cooperative case, you and your co-parent apply it, because no one knows your children better than you do. The result is a plan that fits your actual family, not a generic template.

Experience That Centers Children

Two credentials shape how A&M Law approaches parenting plans. Ashley Hurlbert is a Certified Guardian ad Litem, court-appointed to represent children's best interests, so she knows precisely what a strong, child-focused plan looks like. Misty Gaubatz has completed ACE (Adverse Childhood Experiences) training, which informs how we minimize the lasting impact of family conflict on kids. Together, that experience keeps the focus where it belongs.

Specific Enough to Prevent Disputes, Flexible Enough to Grow

The best parenting plans strike a balance. They're detailed enough that everyday questions (who has the children on Thanksgiving, how a schedule change gets requested) already have answers, which heads off conflict. But they also build in room to adapt as children grow and circumstances change. We help you find that balance so the plan keeps working for years, not just months.

How It Works Cooperative Family Law Child Custody Attorney Montana Parenting Plans (Blog)

FAQ

Frequently Asked Questions

What is a parenting plan in Montana?

It's the written agreement (ultimately part of your court order) that sets out how you'll raise your children after separation or divorce, where the children live and when, who makes major decisions, how holidays and vacations work, and how parents will communicate and resolve disagreements.

How does a Montana court decide parenting?

Montana courts apply the best interests of the child standard, weighing factors such as each parent's relationship with the child, the child's needs and stability, and each parent's ability to meet them. In a cooperative process, you and your co-parent craft the plan yourselves, guided by that same standard, instead of leaving it to a judge.

What does a Guardian ad Litem do?

A Guardian ad Litem (GAL) is appointed to represent the best interests of the child. Ashley Hurlbert is a Certified GAL, so she understands exactly what courts and child advocates look for in a parenting plan, insight she brings to every cooperative case.

Can a parenting plan be changed later?

Yes. Children's needs change, and Montana allows parenting plans to be modified when circumstances warrant. A well-drafted cooperative plan anticipates this and builds in a clear, low-conflict process for making adjustments.

What if we disagree about the schedule?

That's exactly what the cooperative process is built to work through. With both attorneys at the table, and, when helpful, a neutral child specialist, most scheduling disagreements get resolved without ever going before a judge.

Put Your Children First

Call 406-830-3060 to talk through a parenting plan that protects your kids and keeps the peace.

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