A Montana parenting plan should say where your child lives and when, who makes the major decisions, how the child's needs are paid for, and how you and the other parent will resolve disagreements without going back to court. Those terms come from MCA § 40-4-234, the final parenting plan statute. This page goes through the list and is part of our Montana Divorce Guide.
When a Final Plan Is Required
In every dissolution, legal separation, declaration of invalidity, or parenting plan proceeding that involves a child, each parent or both parents jointly must submit a proposed final plan "in good faith." A final parenting plan must then be incorporated into any final decree or amended decree, including in cases of dissolution by default (MCA § 40-4-234(1)).
A petition for dissolution also has to include a proposed parenting plan when there are children (MCA § 40-4-105(1)). So the drafting starts at the beginning of a case, not the end. See what goes in a divorce petition.
The Objectives a Plan Is Supposed to Serve
A separate section, MCA § 40-4-233, states what a final plan is for. Its objectives are to:
- protect the best interest of the child, consistent with MCA § 40-4-212;
- provide for the physical care of the child;
- maintain the child's emotional stability and minimize the child's exposure to parental conflict;
- provide for the child's changing needs as the child grows, in a way that minimizes the need for future amendment;
- set out each parent's authority and responsibilities; and
- encourage parents, when appropriate, to meet their responsibilities through agreements in the plan rather than through judicial intervention.
These are useful tests for a draft. A schedule that works for a four-year-old and says nothing about what happens when school starts does not do much to minimize future amendment.
The Provisions Listed in MCA § 40-4-234(2)
The statute introduces its list with the words "may include, at a minimum, provisions for." In other words, the list is framed as the baseline content of a plan, shaped in each case by the best interest of the child.
| Subsection | Provision | What the statute says |
|---|---|---|
| (a) | Custodian designation | Naming one parent as custodian solely for other state and federal statutes that require it. It may not affect either parent's rights and responsibilities under the plan. |
| (b) | Legal residence | The legal residence of both parents and the child, subject to the notice-of-move statute, § 40-4-217. |
| (c) | Residential schedule | The periods when the child will reside with each parent, including holidays, birthdays of family members, vacations, and other special occasions. |
| (d) | Finances | Finances to provide for the child's needs. |
| (e) | Health and well-being | Any other factors affecting the child's physical and emotional health and well-being. |
| (f) | Periodic review | Review when either parent or the child asks, or when a foreseen event arrives, such as the child reaching a certain age or a necessary change in residence. |
| (g) | Sanctions | What will apply if a parent fails to follow the plan, including contempt of court. |
| (h) | Decision-making | Who has authority over the child's education, spiritual development, and health care and physical growth. |
| (i) | Dispute resolution | The method for resolving future disputes about the child, other than court action. |
| (j) | Unique circumstances | Anything about the child or family that the parents agree will support a meaningful, ongoing relationship between the child and parents. |
The Residential Schedule and Holidays
The residential schedule is the part of the plan that governs daily life. The statute asks for the periods of time the child will reside with each parent, "including provisions for holidays, birthdays of family members, vacations, and other special occasions" (MCA § 40-4-234(2)(c)).
A workable schedule is specific. It says which days, what time exchanges happen, and which rule controls when a holiday lands on the other parent's regular weekend. The statute does not prescribe any particular rotation. Parenting schedules by age describes the patterns parents commonly choose from.
Decision-Making and Day-to-Day Care
A plan allocates parental decision-making authority in three named areas: the child's education, spiritual development, and health care and physical growth (MCA § 40-4-234(2)(h)). Parents can share authority, divide it by subject, or give one parent the final say in an area.
Two rules apply whatever the plan says. Each parent may make decisions about the day-to-day care and control of the child while the child is residing with that parent, and either parent may make emergency decisions affecting the child's safety or health. And when a plan calls for mutual decision-making but the parents cannot agree on an issue, they must make a good faith effort to resolve it through the plan's dispute resolution process (MCA § 40-4-234(5)).
A related statute protects information. Access to a child's medical, dental, law enforcement, and school records may not be denied to a parent who is a party to a parenting plan (MCA § 40-4-225).
Finances, Transportation, and Other Practical Terms
The plan addresses "finances to provide for the child's needs" (MCA § 40-4-234(2)(d)). The support figure comes from the guidelines, discussed in how child support is calculated.
Transportation does not appear by name in § 40-4-234(2). It fits under the schedule and under the catch-all for other factors affecting the child's well-being, and it is worth writing down: who drives, where exchanges take place, and who pays for longer trips. When a plan is amended because a parent moves, the court may apportion transportation costs between the parents (MCA § 40-4-219(4)).
Dispute Resolution, Review, and Sanctions
Three provisions are about the future. The plan names a method for resolving disputes "other than court action" (subsection (2)(i)), which might be direct discussion followed by mediation. See dispute resolution clauses. It can schedule periodic review (subsection (2)(f)). And it states the sanctions that apply if a parent does not follow it, including contempt of court (subsection (2)(g)).
One sentence in the statute is worth remembering: if a parent fails to comply with a provision of the plan, "the other parent's obligations under the parenting plan are not affected" (MCA § 40-4-234(6)). See when a parent does not follow the plan.
If you and the other parent can work on a plan together, A&M Law's Cooperative Family Law process is one way to do it. If there has been abuse, a negotiated dispute resolution clause may not be safe. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.