Moving Away With a Child in Montana: Relocation Notice, Distance Rules and Burden of Proof

In Montana a parent who intends to move gives written notice, and a move that significantly affects contact needs a motion and proposed schedule served at least 30 days ahead. The other parent has 21 days to respond or is treated as accepting.

What does the Montana relocation law say?

A parent who intends to change residence provides written notice to the other parent. If the change will significantly affect the child’s contact with the other parent, the parent files a motion to amend the residential schedule with a proposed revised schedule, served personally or by certified mail on the other parent and on any attorney of record not less than 30 days before the proposed change (MCA 40-4-217).

QuestionWhat the statute says
NoticeA parent who intends to change residence gives written notice to the other parent
Significant effect on contactThe parent files a motion to amend the residential schedule with a proposed revised schedule
ServicePersonally or by certified mail on the other parent, and on the attorney of record, at least 30 days before the move
ResponseThe other parent has 21 days after service to file a response and an alternate schedule
No responseFailure to respond within 21 days is acceptance of the proposed schedule
ObjectionA person entitled to object may file whether or not properly noticed

What must the notice say in Montana?

The notice is not sufficient unless it contains the statement that the relocation may be permitted and the proposed revised residential schedule may be ordered without further proceedings unless within 21 days the other parent files a response and an alternate revised residential schedule and serves it on the person proposing the move and everyone entitled to residential time (40-4-217(2)(b)).

What happens if the other parent does not respond in Montana?

A parent properly served with the motion who does not respond within 21 days is treated as accepting the proposed revised residential schedule (40-4-217(4)).

What factors does the court weigh in Montana?

Beyond the best-interest criteria, where a move significantly affects contact the court considers the feasibility of preserving the nonrelocating parent’s relationship through suitable visitation, considering logistics and finances; each parent’s reasons; whether the relocating parent has shown willingness to promote the other relationship; and whether reasonable alternatives to the move are available (40-4-219(1)(b)).

Is there a distance rule or burden of proof in Montana?

The section states no mileage and no burden of proof; it keys on a change that significantly affects the child’s contact. The court may set a new residential schedule and apportion transportation costs (40-4-219(4)).

What about support and the schedule after a move in Montana?

A longer distance can change the schedule and the days. Recount with the Montana parenting time calculator and run the Montana child support calculator.

Can someone other than the parent object to the move in Montana?

Yes. A person entitled to file an objection to the proposed relocation may do so whether or not the person received proper notice (40-4-217(5)).

What should you do before moving in Montana?

Read your parenting plan, send the written notice, and if the move will significantly affect contact, file and serve the motion and a proposed schedule at least 30 days before the move; ask a licensed Montana attorney about timing.

Frequently asked questions

How much notice do I have to give before relocating with a child in Montana?

Written notice, and for a move that significantly affects contact, a motion served at least 30 days before the move.

How long does the other parent have to object to a Montana relocation?

21 days after service to file a response and alternate schedule.

What if the other parent says nothing about my Montana move?

Failure to respond within 21 days is acceptance of the proposed schedule.

Is there a distance rule for moving in Montana?

No mileage is stated; the trigger is a change that significantly affects contact.

Does a move change Montana child support?

It can, if it changes the days.

Official sources

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This is general information, not legal advice. It is based on the cited Montana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Montana attorney.