After a divorce, either parent can move. What a parent cannot do alone is change the child's court-ordered schedule. Montana law requires written notice of any change of residence, and when a move will significantly affect the child's contact with the other parent, the moving parent must file a motion and a proposed new schedule at least 30 days ahead. This article covers moves after the decree. It is part of our Montana Divorce Guide. For the fuller treatment of contested cases, see relocating with a child.
The Notice Rule
"A parent who intends to change residence shall, unless precluded under 40-4-234, provide written notice to the other parent" (MCA § 40-4-217(1)). Notice that the sentence is not limited to long moves or to the parent with more parenting time. Any parent, any change of residence.
The second step applies only to some moves. "If a parent's change in residence will significantly affect the child's contact with the other parent," the parent who intends to move must file a motion for amendment of the residential schedule, along with a proposed revised schedule, in the court that adopted the schedule (MCA § 40-4-217(2)(a)).
| Situation or step | What the statute requires | MCA |
|---|---|---|
| Any change of residence | The moving parent gives the other parent written notice, unless precluded under the parenting plan statute. | § 40-4-217(1) |
| Move that will significantly affect the child's contact with the other parent | The moving parent files a motion to amend the residential schedule with a proposed revised schedule, in the court that adopted the plan. | § 40-4-217(2)(a) |
| Service of the motion | Personally or by certified mail on the other parent, not less than 30 days before the proposed change in residence. | § 40-4-217(2)(a) |
| Response | The other parent has 21 days after service to file a response. An objection must include an alternate proposed schedule. | § 40-4-217(3) |
| No response in 21 days | Failure to respond constitutes acceptance of the proposed revised residential schedule. | § 40-4-217(4) |
The statute does not define "significantly affect" with a distance. A move across town that keeps the same school and the same exchange routine is one thing. A move that makes a weekly midweek overnight impossible is another. If you are unsure which side of the line you are on, treat it as significant and file.
What the Motion Must Contain
The motion is filed under the amendment statute, MCA § 40-4-219, and comes with a proposed revised residential schedule. It must be served personally or by certified mail on the other parent, and on that parent's attorney of record if there is one, "not less than 30 days before the proposed change in residence."
The notice is not sufficient unless it contains a specific warning, which the statute sets out word for word. It tells the other parent that the relocation may be permitted and the proposed schedule ordered "without further proceedings unless within 21 days you file a response and alternate revised residential schedule with the court" and serve it (MCA § 40-4-217(2)(b)). Leaving that language out is a defect, so copy it from the statute exactly.
If You Are the Parent Receiving Notice
You have 21 days after service of the motion to file a response. If you object to the proposed schedule, your response must include an alternate proposed revised residential schedule (MCA § 40-4-217(3)). An objection that only says no is incomplete.
The deadline matters. "Failure to file a response within the 21-day period constitutes acceptance of the proposed revised residential schedule" when a parent has been properly served (MCA § 40-4-217(4)). On the other hand, a person entitled to object may file an objection whether or not they received proper notice (MCA § 40-4-217(5)). If you learn of a planned move informally, you do not have to wait for papers.
How the Court Decides
When a parent has changed or intends to change the child's residence in a manner that significantly affects the child's contact with the other parent, the court considers the full list of best interest factors and four more (MCA § 40-4-219(1)(b)):
- the feasibility of preserving the relationship between the child and the parent who is not moving through suitable arrangements, considering the logistics and financial circumstances of the parties;
- each parent's reasons for seeking or opposing the change of residence;
- whether the moving parent has shown a willingness to promote the child's relationship with the other parent; and
- whether reasonable alternatives to the move are available to the parent seeking to relocate.
The court may then amend the plan "to provide a new residential schedule for parental contact with the child and to apportion transportation costs between the parents" (MCA § 40-4-219(4)). The statute does not presume an outcome either way. The court does not decide whether the parent may move. It decides what schedule serves the child once the parents live farther apart, which can include changing which parent the child lives with during the school year.
The third factor is worth a second look. A parent who has a record of supporting the other parent's time, and who proposes a generous, realistic long-distance schedule, is addressing what the statute asks about. See our page on relocation cases.
Building a Long-Distance Schedule
No statute prescribes a long-distance schedule. A proposal that addresses the factors above can cover the following:
- Blocks of time instead of weekends. Longer periods in summer and during school breaks in place of alternating weekends.
- Travel. Who travels with the child, at what ages a child may fly alone, where exchanges happen, and who pays. The court can apportion these costs.
- Regular contact between visits. Scheduled phone or video calls at times that fit the child's day.
- Visits in the child's home area. Whether the distant parent can have time when visiting, with reasonable notice.
- School and activity information. How the distant parent gets records, schedules, and notice of events.
- Review. When the schedule will be revisited as the child gets older.
Travel costs can also affect support. Montana's child support guidelines provide a long distance parenting adjustment when travel by a parent or child to attain the goals of the parenting plan exceeds 2,000 miles in a calendar year, limited to transportation costs (ARM 37.62.130).
Moves Out of State and Safety Concerns
A move to another state raises a second question: which state's court has authority over the parenting plan afterward. That is governed by a separate set of interstate rules, covered in which state decides custody. Do not assume a new home state will take the case because you now live there.
The notice statute begins with an exception, "unless precluded under 40-4-234," the parenting plan statute. The notice statute does not spell out when that applies. If you are moving because you or your child are not safe, talk to a lawyer or a domestic violence advocate about how to handle notice before you send anything with your new address. Anyone in danger should call 911. The National Domestic Violence Hotline is 1-800-799-7233, and our Montana Domestic Violence Guide covers orders of protection.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.