Mont. Code Ann. § 40-4-217

Notice Of Intent To Move

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TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

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

Notice Of Intent To Move

40-4-217. Notice of intent to move. (1) A parent who intends to change residence shall, unless precluded under 40-4-234, provide written notice to the other parent.

(2) (a) If a parent's change in residence will significantly affect the child's contact with the other parent, the parent who intends to change residence shall, pursuant to 40-4-219, file a motion for amendment of the residential schedule and a proposed revised residential schedule with the court that adopted the residential schedule or the court to which jurisdiction or venue over the child has been transferred. The motion must be served personally or by certified mail on the other parent and served pursuant to the Montana Rules of Civil Procedure on the parent's attorney of record, if the parent has an attorney of record, not less than 30 days before the proposed change in residence.

(b) The notice pursuant to this subsection (2) is not sufficient unless it contains the following statement: "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."

(3) The parent who receives service of a motion to amend the parenting plan pursuant to this section has 21 days after service of the motion to file a response. If the parent receiving notice objects to the proposed revised residential schedule, the responding parent shall include an alternate proposed revised residential schedule with the response. The response must be served as provided for by the Montana Rules of Civil Procedure on the parent proposing to change residence or on the parent's attorney of record if the parent has an attorney of record.

(4) If a parent is properly served with a motion to amend the parenting plan pursuant to this section, failure to file a response within the 21-day period constitutes acceptance of the proposed revised residential schedule.

(5) A person entitled to file an objection to the proposed relocation of the child may file the objection regardless of whether the person has received proper notice.

History: En. 48-337 by Sec. 37, Ch. 536, L. 1975; R.C.M. 1947, 48-337; amd. Sec. 3, Ch. 17, L. 1979; amd. Sec. 1, Ch. 509, L. 1987; amd. Sec. 1, Ch. 405, L. 1989; amd. Sec. 8, Ch. 350, L. 1995; amd. Sec. 2, Ch. 467, L. 1995; amd. Sec. 22, Ch. 343, L. 1997; amd. Sec. 1, Ch. 111, L. 2015.

Notes of Decisions

Cited in 69 cases (3 in the last 5 years), 1980–2023 · leading case: In Re the Marriage of Njos

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In Re the Marriage of Njos (1995) mont · cites it 51× “Robert asserts that § 40-4-217, MCA, applies and that the court was not authorized to proceed pursuant to § 40-4-220, MCA.”

Marriage of Snow v. Snow (2002) mont · cites it 8× “Eric informed counsel that under the provisions of § 40-4-217, MCA, since Pamela did not respond to Eric’s Proposed Residential Schedule within 30 days, the District Court was required by law to adopt that schedule.”

In Re the Marriage of Hunt (1994) mont · cites it 6× “The District Court here was faced with a visitation problem compounded by the parties’ inability or refusal to communicate with each other about their children and what is best for them.”

Marriage of Guffin v. Plaisted-Harman (2010) mont · cites it 16× “Amber did not provide written notice to Thomas of her plans to move, as required under § 40-4-217, MCA, until after Thomas had filed his motion to amend.”

Girard v. Williams (1998) mont · cites it 6× “Section 40-4-217(1), MCA. ¶ 23 Finally, Title 72, Chapter 5 of the MCA provides a means by which a nonparent may be appointed guardian of a minor child in derogation of a living parent's parental rights.”

In Re the Marriage of Robison (2002) mont · cites it 4× “Section 40-4-217, MCA. (1) The court may in its discretion amend a prior parenting plan if it finds, upon the basis of facts that have arisen since the prior plan or that were unknown to the court at the time of entry of the prior plan, that a change has occurred in the…”

In Re the Marriage of Huotari (1997) mont · cites it 8× “Section 40-4-217(4), MCA, requires a custodial parent to give written notice to a noncustodial parent with visitation rights of his or her intent to change a minor child’s residence to another state.”

In Re the Marriage of Anderson (1993) mont · cites it 7× “James contends that the District Court did not act in accordance with § 40-4-217(3), MCA, when it denied him his existing right to visit Sari one weekend per month.”

Gall v. Gall (1980) mont · cites it 6× “Here, the husband sought a change of visitation rights and section 40-4-217, MCA, is controlling. This statute does not require supporting affidavits.”

In Re the Marriage of Jacobson (1987) mont · cites it 5× “We review this issue under the provisions of Section 40-4-217(2], MCA, which states that a District Court may grant reasonable visitation rights to a grandparent if such visitation is in the child’s best interests.”

Schuman v. Bestrom (1985) mont · cites it 5× “Under this issue, the father maintains that the District Court should have utilized section 40-4-217, MCA, instead of section 40-6-116, MCA; that the schedule of visitation permitted to the father was not “reasonable” as required under section 40-4-217; that the schedule…”

Woolf v. Evans (1994) mont · cites it 6× “We conclude that the District Court did not abuse its discretion in refusing to admit the out-of-court statements made by Dr. Davis and the Idaho social worker.”

Show all 69 citing cases →

— Mont. Code Ann. § 40-4-217(1) — 12 cases

Girard v. Williams (1998) mont “Section 40-4-217(1), MCA. ¶ 23 Finally, Title 72, Chapter 5 of the MCA provides a means by which a nonparent may be appointed guardian of a minor child in derogation of a living parent's parental rights.”

Marriage of Heath v. Heath (1995) mont

In Re the Marriage of Jacobson (1987) mont “We review this issue under the provisions of Section 40-4-217(2], MCA, which states that a District Court may grant reasonable visitation rights to a grandparent if such visitation is in the child’s best interests.”

In Re the Marriage of Njos (1995) mont “Robert asserts that § 40-4-217, MCA, applies and that the court was not authorized to proceed pursuant to § 40-4-220, MCA.”

In Re the Marriage of Tonne (1987) mont

— Mont. Code Ann. § 40-4-217(2) — 2 cases

Marriage of Bradshaw v. Bradshaw (1995) mont

In Re the Marriage of Kovash (1993) mont

— Mont. Code Ann. § 40-4-217(3) — 20 cases

In Re the Marriage of Njos (1995) mont “Robert asserts that § 40-4-217, MCA, applies and that the court was not authorized to proceed pursuant to § 40-4-220, MCA.”

In Re the Marriage of Hunt (1994) mont “The District Court here was faced with a visitation problem compounded by the parties’ inability or refusal to communicate with each other about their children and what is best for them.”

In Re the Marriage of Anderson (1993) mont “James contends that the District Court did not act in accordance with § 40-4-217(3), MCA, when it denied him his existing right to visit Sari one weekend per month.”

In Re the Marriage of Wackler (1993) mont

Marriage of Firman v. Firman (1980) mont

— Mont. Code Ann. § 40-4-217(4) — 1 case

In Re the Marriage of Huotari (1997) mont “Section 40-4-217(4), MCA, requires a custodial parent to give written notice to a noncustodial parent with visitation rights of his or her intent to change a minor child’s residence to another state.”

— Mont. Code Ann. § 40-4-217(5) — 1 case

— Mont. Code Ann. § 40-4-217(6) — 2 cases

In Re the Marriage of Njos (1995) mont “Robert asserts that § 40-4-217, MCA, applies and that the court was not authorized to proceed pursuant to § 40-4-220, MCA.”

Marriage of Buck (1998) mont

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