Montana Code Annotated

Mont. Code Ann. § 40-4-233 (2026)

Final Parenting Plan -- Purpose And Objectives

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TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

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

Final Parenting Plan -- Purpose And Objectives

40-4-233. Final parenting plan -- purpose and objectives. The objectives of a final parenting plan are to:

(1) protect the best interest of the child, consistent with 40-4-212;

(2) provide for the physical care of the child;

(3) maintain the child's emotional stability and minimize the child's exposure to parental conflict;

(4) provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future amendment to the final parenting plan;

(5) set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in 40-4-234; and

(6) encourage the parents, when appropriate under 40-4-234, to meet their responsibilities to their minor children through agreements in the parenting plan rather than through judicial intervention.

History: En. Sec. 19, Ch. 343, L. 1997.

Notes of Decisions
Cited in 5 cases, 1999–2019 · leading case: Kulstad v. Maniaci, 2010 MT 248, 244 P.3d 722.
Kulstad v. Maniaci, 2010 MT 248, 244 P.3d 722. · cites it 3× “¶29 Section 40-4-233, MCA, provides the purpose and objectives of a final parenting plan which, in pertinent part, are to: (1) protect the best interest of the child, consistent with 40-4-212; (2) provide for the physical care of the child; (3) maintain the child’s emotional…”
Marriage of Guffin v. Plaisted-Harman, 2010 MT 100, 232 P.3d 888. · cites it 4× “The District Court also noted that it had to consider the purpose and objectives of a final parenting plan pursuant to § 40-4-233, MCA, as well as the applicability of the criteria in § 40-4-234, MCA.”
In Re S.W.B.S., 2019 MT 1, 432 P.3d 709. · cites it 6× “Therefore, a parenting plan should "provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future amendment to the final parenting plan." Section 40-4-233(4), MCA.”
In re V.M.D., 2018 MT 280, 430 P.3d 502. · cites it 2× “The District Court appropriately set forth the purpose and objectives of a final parenting plan as provided by § 40-4-233, MCA. The court then thoroughly and conscientiously considered the best interest factors set forth in § 40-4-212, MCA, to determine V.”
Kelly v. Rose, 1999 MT 209N. “¶ In addition, Kelly referred to § 40-4-221(2)(f), MCA, relating to the determination of a child’s care upon the death of a parent in an attempt to obtain standing to institute a parenting plan under §§ 40-4-233 and -234, MCA, by analogizing the disappearance of Destinie’s…”
Mont. Code Ann. § 40-4-233(1): 1 case
In Re S.W.B.S., 2019 MT 1, 432 P.3d 709. “Therefore, a parenting plan should "provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future amendment to the final parenting plan." Section 40-4-233(4), MCA.”
Mont. Code Ann. § 40-4-233(4): 1 case
In Re S.W.B.S., 2019 MT 1, 432 P.3d 709. “Therefore, a parenting plan should "provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future amendment to the final parenting plan." Section 40-4-233(4), MCA.”
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