CHILD CUSTODY AND PARENTING PLAN AGREEMENT

(Montana – Parenting Plan Under Mont. Code Ann. Title 40, Ch. 4)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
    3.1 Allocation of Parental Responsibilities
    3.2 Parenting-Time Schedule
    3.3 Holiday & Special-Day Schedule
    3.4 Transportation & Exchange Logistics
    3.5 Decision-Making Protocol
    3.6 Communication & Information-Sharing
    3.7 Relocation & Travel
    3.8 Child Support & Financial Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

THIS CHILD CUSTODY AND PARENTING PLAN AGREEMENT (the “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [NAME OF PARENT 1], residing at [ADDRESS] (“Parent 1”); and
• [NAME OF PARENT 2], residing at [ADDRESS] (“Parent 2”).

Parent 1 and Parent 2 are sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
A. The Parties are the biological/legal parents of [FULL LEGAL NAME(S) OF CHILD(REN)], born [DOB(S)] (each, a “Child,” and collectively, the “Children”).
B. The Parties desire to establish a comprehensive parenting plan that serves the best interests of the Children in accordance with Mont. Code Ann. §§ 40-4-212 et seq.
C. The Parties enter into this Agreement voluntarily, with full understanding of its terms and consequences, intending that it be incorporated into any future decree, judgment, or order of the District Court of the State of Montana, [COUNTY] Judicial District, Family Law Division (the “Court”).

NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Any term not defined herein shall have the meaning assigned by applicable Montana law.

“Best Interests Factors” means the factors enumerated in Mont. Code Ann. § 40-4-212, as amended, including but not limited to the Child’s wishes, the Parents’ wishes, inter-parental relationships, continuity and stability, mental and physical health of all individuals involved, and any history of abuse.

“Court” has the meaning set forth in the Recitals.

“Holiday & Special-Day Schedule” means the allocation of parenting time for federal, state, religious, and family-specific holidays and special occasions as detailed in Section 3.3.

“Legal Custody” means the authority to make major decisions regarding the Children’s health, education, and welfare.

“Parenting-Time Schedule” means the regular residential schedule set forth in Section 3.2.

“Relocation” means a change in the Children’s principal residence for more than 30 consecutive days pursuant to Mont. Code Ann. § 40-4-217.

[Add additional definitions as needed.]

3. OPERATIVE PROVISIONS

3.1 Allocation of Parental Responsibilities

3.1.1 Legal Custody. The Parties shall share joint Legal Custody of the Children. Each Party shall consult with the other regarding all major decisions affecting the Children, including but not limited to education, non-emergency medical care, extracurricular activities, and religious upbringing.
3.1.2 Primary Residential Custodian. For purposes of federal and state statutes and administrative regulations, Parent [1/2] shall be designated the Primary Residential Custodian solely for record-keeping and school enrollment purposes; such designation shall not diminish the joint nature of Legal Custody.

[// GUIDANCE: Modify to sole custody if appropriate; ensure alignment with Section 3.2 schedule.]

3.2 Parenting-Time Schedule

3.2.1 Regular Weekday/Weekend Schedule
a. Week 1: Parent 1 shall exercise parenting time from [DAY/TIME] to [DAY/TIME].
b. Week 2: Parent 2 shall exercise parenting time from [DAY/TIME] to [DAY/TIME].
c. Exchange Location: [EXCHANGE LOCATION].
3.2.2 Make-Up Time. If a Party is unable to exercise scheduled parenting time, that Party shall provide at least [48] hours’ notice and cooperate to reschedule comparable time within [30] days.
3.2.3 Right of First Refusal. If either Party requires child-care for a continuous period exceeding [X] hours during his/her parenting time, the other Party shall be offered the opportunity to care for the Children before third-party care is arranged.

3.3 Holiday & Special-Day Schedule

The Holiday & Special-Day Schedule shall supersede the regular Parenting-Time Schedule.

a. Thanksgiving Break: In even-numbered years, Parent 1 from [DATE/TIME] to [DATE/TIME]; in odd-numbered years, Parent 2 for the same period.
b. Christmas/Hanukkah/Winter Holiday: Split into two segments—Segment A ([DATE/TIME] to [DATE/TIME]) and Segment B ([DATE/TIME] to [DATE/TIME]); Parent 1 receives Segment A in even years and Segment B in odd years; Parent 2 alternates accordingly.
c. Child’s Birthday: If school is in session, the non-residential Parent on that date shall enjoy from [TIME] to [TIME].
[Add additional holidays and rotate accordingly.]

3.4 Transportation & Exchange Logistics

a. Pick-Up/Drop-Off Responsibility. The receiving Parent shall provide transportation unless otherwise agreed.
b. Safety. Both Parties shall ensure appropriate child-safety restraints and comply with all traffic laws.

3.5 Decision-Making Protocol

3.5.1 Day-to-Day Decisions. The Parent exercising parenting time shall make routine daily decisions.
3.5.2 Major Decisions. Either Parent proposing a major decision shall provide at least [7] days’ written notice (email acceptable) to the other Parent; absent written objection within [5] days, the decision is deemed agreed. Disputes shall be resolved per Section 8.

3.6 Communication & Information-Sharing

a. Access to Records. Each Parent shall have equal and independent rights to medical, dental, counseling, and educational records.
b. Virtual Contact. The non-residential Parent shall have reasonable video or telephone contact at least [NUMBER] times per week at reasonable hours.

3.7 Relocation & Travel

3.7.1 Relocation Notice. A relocating Parent must provide at least 30 days’ advance written notice stating the intended new residence, reasons for Relocation, and proposed revised Parenting-Time Schedule, in compliance with Mont. Code Ann. § 40-4-217.
3.7.2 Out-of-State Travel of Less Than 30 Days. Either Parent may travel out-of-state with the Children for up to 30 days, provided written itinerary, emergency contact, and return details are given to the other Parent at least [14] days in advance.

3.8 Child Support & Financial Matters

[// GUIDANCE: Insert child-support amount calculated under ARM 37.62 et seq. or attach Child Support Worksheet.]
3.8.1 Support Payments. Parent [1/2] shall pay child support of $[AMOUNT] per month to Parent [1/2] via the Montana Child Support Services Division (CSSD) beginning [DATE] and continuing until statutory termination.
3.8.2 Extraordinary Expenses. Uninsured medical, dental, orthodontic, vision, counseling, and agreed extracurricular expenses shall be shared [PERCENTAGE SPLIT] and reconciled within [30] days of receipt of documentation.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity and Authority. Each Party represents that he/she is legally competent, has authority to enter into this Agreement, and that no limitations on parental rights exist other than as expressly stated herein.
4.2 Disclosure. Each Party warrants that all information provided to the other concerning the Children’s health, education, and welfare is complete and accurate to the best of that Party’s knowledge as of the Effective Date.
4.3 No Protective Orders. Each Party represents that, except as disclosed on Schedule A (if any), no protective or restraining orders currently restrict contact between either Party and the Children.

Survival. All representations and warranties in this Section 4 shall survive execution and remain in effect for so long as this Agreement is in force.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. The Parties shall not disparage the other Party in the presence or hearing of the Children.
5.2 Substance Use. Neither Party shall consume or be under the influence of alcohol, marijuana, or illegal substances during parenting time or within [X] hours prior.
5.3 Firearms & Hazardous Materials. Firearms shall be stored unloaded and locked; ammunition stored separately.
5.4 Compliance with Therapy or Counseling. If either Party or the Children are ordered or agree to participate in counseling, both Parties shall fully cooperate and sign releases to allow mutual access to attendance records.
5.5 Notice of Significant Events. Each Party shall notify the other within [24] hours of any medical emergency, school suspension, or other significant event affecting the Children.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute default:
a. Substantial interference with scheduled parenting time;
b. Failure to provide required notice of Relocation or travel;
c. Chronic non-payment of support or extraordinary expenses (>60 days).
6.2 Cure Period. The defaulting Party shall have [10] days after written notice to cure, except in emergencies involving safety or immediate welfare.
6.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
a. Expedited enforcement or contempt proceedings in the Court;
b. Make-up parenting time at the non-defaulting Party’s discretion;
c. Reasonable attorney’s fees and costs per Mont. Code Ann. § 40-4-110.
6.4 Emergency Relief. Nothing herein limits either Party’s right to seek emergency injunctive relief to protect the Children’s welfare.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority

Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and the Children from and against any losses, damages, claims, or liabilities arising from the Indemnifying Party’s breach of this Agreement or violation of any law affecting the Children’s welfare, except to the extent caused by the negligence or willful misconduct of the other Party.

7.2 Limitation of Liability

Given the paramount interest of the Children’s welfare, no provision herein shall be construed to limit either Party’s liability for intentional misconduct, abuse, or neglect.

7.3 Insurance

Each Party shall maintain at his/her sole expense:
a. Major medical, dental, and vision insurance for the Children if available at reasonable cost;
b. At least $100,000 in automobile liability coverage per occurrence.

7.4 Force Majeure

Parenting-time obligations may be temporarily suspended during events rendering compliance impossible (e.g., natural disasters, severe illness, governmental restrictions). The Parties shall resume the regular schedule as soon as practicable and coordinate make-up time.

8. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation. The Parties shall first confer in good faith to resolve any dispute arising under this Agreement.

8.2 Mediation. If unresolved within [10] days, the dispute shall be submitted to a Montana-licensed family mediator. Mediation shall be completed within [30] days unless extended by mutual written consent.

8.3 Limited Arbitration. Issues that remain unresolved following mediation, other than child-support calculations or matters reserved exclusively to the Court, shall be submitted to binding arbitration pursuant to the Montana Uniform Arbitration Act, subject to Court review for best-interest compliance.

8.4 Governing Law & Forum. This Agreement is governed by the laws of the State of Montana. Exclusive jurisdiction and venue for court proceedings lie with the [COUNTY] Judicial District Court, Family Law Division.

8.5 Jury Waiver. Family matters in Montana are tried to the bench; accordingly, no jury trial is applicable.

8.6 Injunctive Relief. Either Party may seek temporary or permanent injunctions or expedited hearings regarding custody modifications or child-endangerment issues without first engaging in mediation or arbitration.

9. GENERAL PROVISIONS

9.1 Amendments. Any modification to this Agreement must be in a written instrument signed by both Parties and, to be enforceable, approved by the Court.

9.2 Waiver. Failure to enforce any provision shall not constitute a waiver of that or any other provision.

9.3 Assignment. Parental rights and obligations are personal and non-assignable.

9.4 Severability. If any provision is held unenforceable, the remainder shall remain in full force, and the Court is requested to reform the invalid provision to comply with applicable law while preserving intent.

9.5 Integration. This Agreement constitutes the entire understanding of the Parties with respect to custody and parenting matters, superseding all prior agreements or understandings.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original but all constitute one instrument. Signatures transmitted electronically or by facsimile are effective.

9.7 Notice. All notices required under this Agreement shall be in writing and delivered by (i) personal delivery, (ii) certified U.S. mail, return-receipt requested, or (iii) email with confirmation of receipt, to the addresses set forth in the signature block (or as later designated in writing).

9.8 Headings. Section headings are for convenience only and do not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

State of Montana )
County of [__] ) ss.

On this ___ day of ____, 20__, before me, a Notary Public for the State of Montana, personally appeared [NAME OF PARENT 1] and [NAME OF PARENT 2], known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and affixed my notarial seal the day and year first above written.

Notary Public for the State of Montana
My Commission Expires: ____

[// GUIDANCE:
1. Attach Schedule A (Protective Orders/Disclosures) and any Child-Support Worksheet.
2. Verify county-specific procedural rules for filing parenting plans (e.g., local forms, parenting classes).
3. Confirm insurance amounts, holiday definitions, and transportation logistics with client.
4. Ensure all statutory citations (Mont. Code Ann. §§ 40-4-212 & 40-4-217) remain current at the time of filing.
]