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. § 40-4-220 (2026)

Affidavit Practice

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 2
  5. 40-4-220 Affidavit practice

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

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

Affidavit Practice

40-4-220. Affidavit practice. (1) Unless the parties agree to an interim parenting plan or an amended parenting plan, the moving party seeking an interim parenting plan or amendment of a final parenting plan shall submit, together with the moving papers, an affidavit setting forth facts supporting the requested plan or amendment and shall give notice, together with a copy of the affidavit, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, based on the best interests of the child, in which case it shall set a date for hearing on an order to show cause why the requested plan or amendment should not be granted.

(2) (a) A party seeking an interim parenting plan may request that the court grant a temporary order providing for living arrangements for the child ex parte. The party shall make the request in the moving papers and shall submit an affidavit showing that:

(i) no previous parenting plan has been ordered by a court and it would be in the child's best interest under the standards of 40-4-212 if temporary living arrangements for the child were as proposed by the moving party; or

(ii) although a previous parenting plan has been ordered, an emergency situation has arisen in the child's present environment that endangers the child's physical, mental, or emotional health and an immediate change in the parenting plan is necessary to protect the child.

(b) If the court finds from the affidavits submitted by the moving party that the interim parenting plan proposed by the moving party would be in the child's best interest under the standards of 40-4-212 and that the child's present environment endangers the child's physical, mental, or emotional health and the child would be protected by the interim parenting plan, the court shall make an order implementing the interim parenting plan proposed by the moving party. The court shall require all parties to appear and show cause within 21 days from the execution of the interim parenting plan why the interim parenting plan should not remain in effect until further order of court.

History: En. 48-340 by Sec. 40, Ch. 536, L. 1975; R.C.M. 1947, 48-340; amd. Sec. 3, Ch. 410, L. 1979; amd. Sec. 24, Ch. 343, L. 1997; amd. Sec. 1, Ch. 541, L. 1999; amd. Sec. 10, Ch. 88, L. 2013.

Notes of Decisions
Cited in 49 cases (12 in the last 5 years), 1979–2026 · leading case: In re Bessette, 434 P.3d 894 (Mont. 2019).
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In re Bessette, 434 P.3d 894 (Mont. 2019). · cites it 45× “Section 40-4-220(1), MCA. If not, the court "shall deny the motion.”
In Re the Marriage of Stout, 701 P.2d 729 (Mont. 1985). · cites it 13× “The District Court in this case ruled that the verified petition complied with the intent and purpose of section 40-4-220, MCA. We agree. The petition set forth facts sufficient to put the appellant on notice of Wade’s factual basis for modification.”
In Re the Marriage of Huotari, 943 P.2d 1295 (Mont. 1997). · cites it 15× “Brenda attempts to support the District Court’s action by arguing that Jeff’s motion for temporary custody cited § 40-4-219, MCA, as well as § 40-4-220, MCA, thereby giving “the District Court license to make a determination on the modification of the custody provisions…”
In Re the Marriage of Allison, 887 P.2d 1217 (Mont. 1994). · cites it 14× “) The Code Commissioners' Note to § 40-4-220, MCA, further provides: This section establishes a procedure for seeking temporary custody or a modification of a custody decree by motion supported with affidavits.”
Parenting of C.M.R., 2016 MT 120 (Mont. 2016). · cites it 9× “Section 40-4-220(1), MCA. Pursuant to § 40-4-219(1), MCA, the court is compelled to deny a motion for modifying the Parenting Plan “unless it finds adequate cause for hearing the motion [as] established by the affidavits based on the best interests of the child.”
Ramberg v. Massey, 2016 MT 120 (Mont. 2016). · cites it 9× “Section 40-4-220(1), MCA. Pursuant to § 40-4-219(1), MCA, the court is compelled to deny a motion for modifying the Parenting Plan “unless it finds adequate cause for hearing the motion [as] established by the affidavits based on the best interests of the child.”
In Re the Parenting of R.J.N., 2017 MT 249 (Mont. 2017). · cites it 32× “¶19 Section 40-4-220, MCA, provides the procedure for invoking the provisions of § 40-4-219, MCA.”
In Re the Marriage of Njos, 889 P.2d 1192 (Mont. 1995). · cites it 12× “, rather than § 40-4-217(3), MCA, in ruling on the motion for temporary supervised visitation? The District Court predicated its ex parte order modifying Robert’s visitation on § 40-4-220(2)(a), MCA, which provides for temporary modification of custody ex parte when the moving…”
Knowlton v. Knowlton, 632 P.2d 336 (Mont. 1981). · cites it 13× “The father failed to comply with section 40-4-220(1), MCA, which requires that the party seeking modification of a custody decree: “.”
Marriage of Brown, 2016 MT 299 (Mont. 2016). · cites it 5× “” Section 40-4-220(1), MCA. It is not enough to simply file the motion without specifying how the parenting plan should be amended; the requested amendment must be included with the moving papers.”
In Re the Marriage of Anderson, 783 P.2d 1372 (Mont. 1989). · cites it 8× “Does the petition for modification of custody meet the jurisdictional requirements of § 40-4-220, MCA? Mr. Arvid W. Anderson (father) and Ms.”
In Re the Marriage of Miller, 825 P.2d 189 (Mont. 1992). · cites it 5× “She contends that the District Court failed to make findings of serious endangerment and the order to show cause violated § 40-4-220, MCA. Mr. Miller maintains that Montana law favors continuity of custody and because of the concerns that the children would be endangered if Mrs.”
Show all 49 citing cases →
— Mont. Code Ann. § 40-4-220(1) — 24 cases
In re Bessette, 434 P.3d 894 (Mont. 2019). “Section 40-4-220(1), MCA. If not, the court "shall deny the motion.”
In Re the Marriage of Stout, 701 P.2d 729 (Mont. 1985). “The District Court in this case ruled that the verified petition complied with the intent and purpose of section 40-4-220, MCA. We agree. The petition set forth facts sufficient to put the appellant on notice of Wade’s factual basis for modification.”
Parenting of C.M.R., 2016 MT 120 (Mont. 2016). “Section 40-4-220(1), MCA. Pursuant to § 40-4-219(1), MCA, the court is compelled to deny a motion for modifying the Parenting Plan “unless it finds adequate cause for hearing the motion [as] established by the affidavits based on the best interests of the child.”
Ramberg v. Massey, 2016 MT 120 (Mont. 2016). “Section 40-4-220(1), MCA. Pursuant to § 40-4-219(1), MCA, the court is compelled to deny a motion for modifying the Parenting Plan “unless it finds adequate cause for hearing the motion [as] established by the affidavits based on the best interests of the child.”
In Re the Parenting of R.J.N., 2017 MT 249 (Mont. 2017). “¶19 Section 40-4-220, MCA, provides the procedure for invoking the provisions of § 40-4-219, MCA.”
— Mont. Code Ann. § 40-4-220(2) — 2 cases
In Re the Marriage of Njos, 889 P.2d 1192 (Mont. 1995). “, rather than § 40-4-217(3), MCA, in ruling on the motion for temporary supervised visitation? The District Court predicated its ex parte order modifying Robert’s visitation on § 40-4-220(2)(a), MCA, which provides for temporary modification of custody ex parte when the moving…”
In Re the Marriage of Allison, 887 P.2d 1217 (Mont. 1994). “) The Code Commissioners' Note to § 40-4-220, MCA, further provides: This section establishes a procedure for seeking temporary custody or a modification of a custody decree by motion supported with affidavits.”
— Mont. Code Ann. § 40-4-220(2)(a) — 3 cases
Krause v. Sisk, 2001 MT 37 (Mont. 2001).
In Re Custody of Krause, 2001 MT 37 (Mont. 2001).
In Re the Marriage of Njos, 889 P.2d 1192 (Mont. 1995). “, rather than § 40-4-217(3), MCA, in ruling on the motion for temporary supervised visitation? The District Court predicated its ex parte order modifying Robert’s visitation on § 40-4-220(2)(a), MCA, which provides for temporary modification of custody ex parte when the moving…”
— Mont. Code Ann. § 40-4-220(2)(a)(i) — 1 case
In re Bessette, 434 P.3d 894 (Mont. 2019). “Section 40-4-220(1), MCA. If not, the court "shall deny the motion.”
— Mont. Code Ann. § 40-4-220(2)(a)(ii) — 7 cases
In re Bessette, 434 P.3d 894 (Mont. 2019). “Section 40-4-220(1), MCA. If not, the court "shall deny the motion.”
In Re the Marriage of Huotari, 943 P.2d 1295 (Mont. 1997). “Brenda attempts to support the District Court’s action by arguing that Jeff’s motion for temporary custody cited § 40-4-219, MCA, as well as § 40-4-220, MCA, thereby giving “the District Court license to make a determination on the modification of the custody provisions…”
In Re the Marriage of Njos, 889 P.2d 1192 (Mont. 1995). “, rather than § 40-4-217(3), MCA, in ruling on the motion for temporary supervised visitation? The District Court predicated its ex parte order modifying Robert’s visitation on § 40-4-220(2)(a), MCA, which provides for temporary modification of custody ex parte when the moving…”
Marriage of Williams, 2020 MT 186N (Mont. 2020).
Marriage of Magill, 2002 MT 128N (Mont. 2002).
— Mont. Code Ann. § 40-4-220(2)(b) — 6 cases
In re Bessette, 434 P.3d 894 (Mont. 2019). “Section 40-4-220(1), MCA. If not, the court "shall deny the motion.”
In Re the Marriage of Huotari, 943 P.2d 1295 (Mont. 1997). “Brenda attempts to support the District Court’s action by arguing that Jeff’s motion for temporary custody cited § 40-4-219, MCA, as well as § 40-4-220, MCA, thereby giving “the District Court license to make a determination on the modification of the custody provisions…”
In Re The Parenting of: D.C.S., 2025 MT 179 (Mont. 2025).
Marriage of Williams, 2020 MT 186N (Mont. 2020).
Messerly v. 12th Jud. Dist. Court (Mont. 2025).
— Mont. Code Ann. § 40-4-220(2)(ii) — 2 cases
In re Bessette, 434 P.3d 894 (Mont. 2019). “Section 40-4-220(1), MCA. If not, the court "shall deny the motion.”
In Re the Marriage of Huotari, 943 P.2d 1295 (Mont. 1997). “Brenda attempts to support the District Court’s action by arguing that Jeff’s motion for temporary custody cited § 40-4-219, MCA, as well as § 40-4-220, MCA, thereby giving “the District Court license to make a determination on the modification of the custody provisions…”
— Mont. Code Ann. § 40-4-220(a) — 1 case
Knowlton v. Knowlton, 632 P.2d 336 (Mont. 1981). “The father failed to comply with section 40-4-220(1), MCA, which requires that the party seeking modification of a custody decree: “.”
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