Montana

Statutory framework; factor structure: 13.

Authority

Mont. Code Ann. § 40-4-212(1)

Source framework

Statutory

Factor structure

13

Operative language

shall

Catch-all language

preamble

Presumptions in the original survey

Frequent contact is a best-interest consideration subject to a detriment finding in (1)(l); (4) separately supplies rebuttable vexatious-action presumptions.

Child's voice / age rule

none

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Irretrievable breakdown supported by serious marital discord or living separate and apart for more than 180 days. On denial, § 40-4-107 permits an evidentiary determination or a 30- to 60-day continuance.

Authority

Mont. Code Ann. §§ 40-4-104, 40-4-107

Grounds without a misconduct showing

Irretrievable breakdown supported by serious marital discord or living separate and apart for more than 180 days. On denial, § 40-4-107 permits an evidentiary determination or a 30- to 60-day continuance.

Other grounds and proof conditions

None (0)

Separation

More than 180 days is an alternative evidentiary route. Serious discord does not require that period.

Timing

No fixed filing-to-decree waiting period is stated in §§ 40-4-104 and 40-4-107. Section 40-4-104(1)(a) separately requires the specified domicile or military presence for 90 days before filing. If breakdown is denied, § 40-4-107(2)(b) permits a further hearing 30 to 60 days later, or as soon thereafter as the court's calendar permits, and suggested counseling.

Relief without dissolution

Yes, decree of legal separation on request unless the other party objects, § 40-4-104(2)

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Statutory relocation factors. On the moving parent. 30 days; exceptions apply.

Authority

Mont. Code Ann. 40-4-217, 40-4-219

Court test

statutory relocation factors

Burden classification

burden on the relocating parent

Notice classification

yes

Trigger classification

any move (no distance threshold)

Effect of silence

yes

What the court weighs

Decided as an amendment of the parenting plan: there must be a change in circumstances, and amendment must be necessary to serve the child's best interest (§ 40-4-219(1)), considering the potential impact on the § 40-4-212 criteria and whether, under § 40-4-219(1)(a), the parents agree to the amendment, the child has been integrated into the petitioner's family with the parents' consent, a child age 14 or older desires the amendment, or one parent has willfully and consistently refused to allow any contact with the other parent or attempted to frustrate or deny that contact. When a parent's move significantly affects contact, § 40-4-219(1)(b) adds four factors: feasibility of preserving the relationship through suitable visitation given logistics and finances. Each parent's reasons. The mover's willingness to promote the child's relationship with the other parent. And reasonable alternatives to the move. The mover's right to travel is a consideration but does not outweigh the other parent's rights (Solem, G.M.N.).

Who carries the burden

The Solem majority states that the parent seeking amendment bears the § 40-4-219(1) burden and that, in parental-move cases, the objecting party also has a responsive evidentiary burden to bring case-specific facts explaining why amendment should not be granted (2020 MT 141, ¶¶ 8, 11). In discussing Cole's initial-plan context, ¶ 11 describes a shift after the moving party's best-interest showing. Justices Baker and McKinnon dissented on the allocation and application of the burden (¶¶ 26-34, 38-39, 53).

Notice and safety exceptions

Yes. A parent who intends to change residence must give written notice to the other parent, unless precluded under § 40-4-234 (§ 40-4-217(1)). If the move will significantly affect the child's contact with the other parent, the mover must file a motion to amend the residential schedule, with a proposed revised schedule, served personally or by certified mail (and on counsel of record) not less than 30 days before the move (§ 40-4-217(2)(a)). Notice is insufficient without the statutory 21-day warning (§ 40-4-217(2)(b)).

Which moves trigger the rule

Under § 40-4-217(1), a parent who intends to change residence must give written notice to the other parent unless precluded under § 40-4-234. The motion-to-amend requirement applies when the change will significantly affect the child's contact with the other parent. No mileage or state-line test appears in § 40-4-217.

Objections and the effect of silence

The parent served with the motion has 21 days to respond; an objecting response must include an alternate revised residential schedule (§ 40-4-217(3)). Failure to respond after proper service constitutes acceptance of the proposed revised residential schedule (§ 40-4-217(4)). The required warning says relocation may be permitted and the revised schedule may be ordered by the court without further proceedings (§ 40-4-217(2)(b)); it does not state an unconditional authorization to move. A person entitled to object may do so regardless of proper notice (§ 40-4-217(5)).

The modification threshold

Yes in practice. Solem treats a co-equal parent's election to move out of state as the § 40-4-219(1) change in circumstances. Amendment still requires a best-interest finding, and the move alone does not compel amendment.

Other qualifications

A parent properly served with the move motion who does not respond within 21 days is deemed to accept the proposed revised residential schedule; the statutory warning says relocation may be permitted and the court may order that schedule without further proceedings. Military-service modifications are generally temporary under § 40-4-219(10)(a), subject to the parent's consent options in (10)(b).

Burden summary

On the moving parent

Notice summary

30 days; exceptions apply

Trigger summary

Any move

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