Moving with a Child
MCA 40-4-217 — written notice to the other parent, a motion served at least 30 days before the move, and 21 days to respond
A parent who intends to change residence gives the other parent written notice.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
If the move will significantly affect the child's contact with the other parent, the moving parent files a motion to amend the residential schedule with a proposed new one, served personally or by certified mail not less than 30 days before the move.
Silence lets it happen. The other parent has 21 days after service to file a response and an alternate schedule. Without one, the court may permit the move and order the new schedule without further proceedings.
Sources for this section (1)
- MCA 40-4-217 — Notice of intent to move
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.