In Montana, "child custody" is no longer called custody and visitation. Rather, Montana now uses "parenting" and "parenting plans" to demonstrate that both parents should be involved in a child's life.
In each parenting case and/or divorce case, lawyers must create a Parenting Plan for the parents, that will explain where the child or children will live, how much time the children spends with each parent, and how decisions will be made. The Plan will also address child support, holidays, extracurricular activities, health insurance, day to day decisions, summer vacations, telephone contact, who has access to school information, etc.
This Parenting Plan is a guidebook for all decisions you and the other parent will make together as you co-parent the child for the rest of their life.
If you and the other parent cannot agree to the terms of a Parenting Plan, then the plan will be determined by a judge after hearing both sides and determining what is in the best interests of the children. Whether you agree or the judge ultimately decides for you, the court will approve a Final Parenting Plan that will outline parental responsibility and guidelines so that the parties can work together on co-parenting and attempt to prevent future court actions.
In a divorce case, your lawyer will file a proposed parenting plan for you along with your petition for dissolution (divorce). As part of the divorce, the court addresses the children's parenting arrangements.
If you and the other parent were never married, the court addresses parenting arrangements, and child and medical support. The court does not address property or debts, as they do in a divorce.
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