Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT · Part 2. Support, Custody, Visitation, and Related Provisions
Montana Code Annotated

Mont. Code Ann. § 40-4-213 (2026)

Interim Parenting Plan

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 2
  5. 40-4-213 Interim parenting plan

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 2. Support, Custody, Visitation, and Related Provisions

Interim Parenting Plan

40-4-213. Interim parenting plan. (1) A party to a parenting proceeding may move for an interim parenting plan. The motion must be supported by an affidavit as provided in 40-4-220(1). The court may adopt an interim parenting plan under the standards of 40-4-212 after a hearing or under the standards of 40-4-212 and 40-4-220(2) before a hearing. If there is no objection, the court may act solely on the basis of the affidavits.

(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated unless a parent moves that the proceeding continue as a parenting proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a parenting plan be adopted. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.

(3) If a parenting proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.

(4) Adoption of a final parenting plan under 40-4-234 vacates any interim parenting plan adopted under this section. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.

History: En. 48-333 by Sec. 33, Ch. 536, L. 1975; amd. Sec. 12, Ch. 33, L. 1977; R.C.M. 1947, 48-333; amd. Sec. 1, Ch. 410, L. 1979; amd. Sec. 16, Ch. 343, L. 1997.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1989–2025 · leading case: In re Bessette, 434 P.3d 894 (Mont. 2019).
Sort: Relevance Newest Treatment
In re Bessette, 434 P.3d 894 (Mont. 2019). · cites it 10× “See also §§ 40-4-219(1), -233(1), -234(1), -213(4), MCA (distinguishing "amended parenting plan" from "prior plan," mandating incorporation of "final parenting plan" into "any final decree or amended decree" in "every dissolution proceeding" or "parenting plan proceeding," and…”
In Re the Marriage of Kovash, 858 P.2d 351 (Mont. 1993). · cites it 4× “We explained in Allen that: As expressed in § 40-4-213, MCA, the best interest test is the standard used by the court to award temporary custody.”
In Re the Marriage of Allen, 771 P.2d 578 (Mont. 1989). · cites it 4× “As expressed in § 40-4-213, MCA, the best interest test is the standard used by the court to award temporary custody.”
In Re The Parenting of: D.C.S., 2025 MT 179 (Mont. 2025). · cites it 2× “, pursuant to §§ 40-4-211 and 40-4-228, MCA; and an ex parte emergency motion for an interim third-party parenting plan, pursuant to § 40-4-213, MCA, supported by affidavit under § 40-4-220, MCA.”
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023). “¶37 However, in accordance with the legislative “policy” and intent expressly stated in § 40-4-227, MCA (recognition of separate constitutional rights of existing parents and subject child, “the integrity of the family unit,” the “best interests of the child,” and that “it 12…”
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023). “¶37 However, in accordance with the legislative “policy” and intent expressly stated in § 40-4-227, MCA (recognition of separate constitutional rights of existing parents and subject child, “the integrity of the family unit,” the “best interests of the child,” and that “it 12…”
In Re the Marriage of Tade, 938 P.2d 673 (Mont. 1997). · cites it 2× “In Abrahamson, we held that “District courts should be cognizant of § 40-4-213(3)(a), MCA, and should take appropriate steps to ensure that it is, in all applicable cases, adequately considered.”
— Mont. Code Ann. § 40-4-213(1) — 1 case
In re Bessette, 434 P.3d 894 (Mont. 2019). “See also §§ 40-4-219(1), -233(1), -234(1), -213(4), MCA (distinguishing "amended parenting plan" from "prior plan," mandating incorporation of "final parenting plan" into "any final decree or amended decree" in "every dissolution proceeding" or "parenting plan proceeding," and…”
— Mont. Code Ann. § 40-4-213(3)(a) — 1 case
In Re the Marriage of Tade, 938 P.2d 673 (Mont. 1997). “In Abrahamson, we held that “District courts should be cognizant of § 40-4-213(3)(a), MCA, and should take appropriate steps to ensure that it is, in all applicable cases, adequately considered.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.