If you have a Montana parenting plan and intend to move, you must tell the other parent in writing. If the move will significantly affect your child's contact with the other parent, you must also file a motion to amend the residential schedule and serve it at least 30 days before the move. Those rules are in MCA § 40-4-217, titled "Notice of intent to move." This page explains them for both the parent who is moving and the parent who is not. It is part of our Montana Divorce Guide.
Two Duties: Written Notice and a Motion
The statute creates two separate obligations, and they are easy to blur.
Written notice."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)). This applies to any change of residence and to either parent. The section does not explain the "unless precluded" exception further. If your address is protected for safety reasons, get legal advice before sending anything.
A motion.If the change in residence "will significantly affect the child's contact with the other parent," the moving parent must file a motion for amendment of the residential schedule, together with a proposed revised residential schedule, with the court that adopted the schedule (MCA § 40-4-217(2)(a)). The burden of starting the court process is on the parent who is moving.
The Timeline in MCA § 40-4-217
| When | What happens | MCA |
|---|---|---|
| Any change of residence | The parent who intends to move gives written notice to the other parent, unless precluded under § 40-4-234. | § 40-4-217(1) |
| A 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 schedule. | § 40-4-217(2)(a) |
| Not less than 30 days before the proposed move | The motion is served on the other parent personally or by certified mail, and on that parent's attorney of record if there is one. | § 40-4-217(2)(a) |
| Within 21 days after service | The other parent files a response. A parent who objects includes an alternate proposed revised residential 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." Whether a particular move crosses that line depends on the existing schedule and how the distance would change it.
The Statement the Notice Must Contain
The notice that goes with the motion is not sufficient unless it contains this statement (MCA § 40-4-217(2)(b)):
"The relocation of the child may be permitted and the proposed revised residential schedule may be ordered by the court without further proceedings unless within 21 days you file a response and alternate revised residential schedule with the court and serve your response on the person proposing the move and all other persons entitled by the court order to residential time or visitation with the child."
If you are the moving parent, leaving this out puts the notice at risk. If you are the parent receiving it, take the statement literally.
If You Receive a 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, and it must be served on the other parent or that parent's attorney of record (MCA § 40-4-217(3)).
If you were properly served and do not respond within the 21 days, the statute treats that as acceptance of the proposed revised schedule (subsection (4)). A person entitled to object may file an objection whether or not proper notice was received (subsection (5)), so a defect in the notice is not a reason to wait.
How a Court Decides a Contested Move
A relocation motion is a motion to amend the parenting plan, decided under MCA § 40-4-219. When a parent has changed or intends to change the child's residence in a manner that significantly affects contact with the other parent, the court considers all of the best interest factors, the general amendment considerations, and four more (MCA § 40-4-219(1)(b)):
- the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable arrangements, considering the logistics and financial circumstances of the parties;
- the reasons of each parent for seeking or opposing the change of residence;
- whether the parent seeking to change the child's residence has demonstrated a willingness to promote the relationship between the child and the nonrelocating parent; and
- whether reasonable alternatives to the proposed change of residence are available to the parent seeking to relocate.
The court may then amend the plan to provide a new residential schedule and to apportion transportation costs between the parents (MCA § 40-4-219(4)). The statute does not tell the court to favor or disfavor moves. The result depends on the evidence about this child and these parents. For the general test, see amending a parenting plan.
What the Statute Does Not Settle
Section 40-4-217 does not say in so many words what happens to a planned move while a contested motion is pending. Your existing parenting plan remains a court order until the court amends it, and the plan may have its own terms about residence. Before you sign a lease or accept a job that depends on moving the child, read your plan and get advice about the timing.
Moving a child away without following the statute carries serious risk. It bears on the court's view of whether the moving parent is willing to promote the child's relationship with the other parent, and taking or withholding a child with the purpose of substantially depriving the other parent of parenting rights can be a crime (MCA § 45-5-634). See when a parent does not follow the plan.
Safety is different. If you need to leave because of abuse, call 911 if you are in danger, or the National Domestic Violence Hotline at 1-800-799-7233, and talk to a lawyer or advocate about protective orders. Our Montana Domestic Violence Guide covers them.
Planning a Long-Distance Schedule
Because the moving parent must file a proposed revised residential schedule and an objecting parent must file an alternate, both of you should be thinking concretely about what the schedule becomes: longer blocks during school breaks and summer, who travels with the child, who pays, and how regular phone or video contact fits in.
Parents who can work this out together may submit an agreed amended plan. A&M Law's relocation practice page describes how the firm helps, in court or through its Cooperative Family Law process. If the move is across state lines, see which state decides custody, and for moves after the decree generally, moving after divorce with children.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.