Do we have equal rights to see our child? If you also modify your child support order, use these forms: (12) Washington State Child Support Schedule Worksheet, (13) Sealed Financial Source Documents cover sheet (WPF DRPSCU 09.0220) (Financial records filed under this cover sheet will be sealed to protect your privacy. Check the Order for Mediation for guidance on what to do if mediation is not appropriate, Ask the Clerk of Court or Self Help Law Center if they have a local form to ask the Court to excuse you from mediation; and/or, File a written Motion that says why mediation is not right for you. Use a free interactive program to create a form to ask a District Court in Montana to decide that Montana should have jurisdiction to enforce a custody or parenting order from another state. The Court calls this cross examination.. You must notify the other parent and the court if you are going to move at least 30 days before you plan on moving. Its a good idea to either make a spare copy of each form you will need and use one as a rough draft, or start your forms in pencil and copy over them in ink when you have them the way you want them. The Court may issue a Scheduling Order after you file your Response if you and the other parent disagree on parenting. Check below to say if you agree or disagree with what the other party said in each section, or say if you don't know because you don't have enough information. Response to Petition for a Parenting Plan, Residential Schedule and/or Child Support 1. Filing a Petition for Parenting Plan does not establish a parenting schedule right away. You may also receive additional documents depending, for example, on whether the moving party is requesting a temporary order and a court hearing at this time or wants to present oral testimony at a hearing. Fill in all the information regarding you, the other parties and the children requested in the Confidential Information Form. You'll then have to file proof of service. To respond to the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule carefully follow these instructions. (3) the increase is more than 24 full days but less than 90 overnights per year total, and the Decree, Parenting Plan or Residential Schedule does not provide reasonable time with the non-primary residential parent. You could state "I don't know" in relation to anything you're uncertain of. The other parent must be served with a copy of these forms: (2) Summons (Modification/Adjustment of Custody Decree/ Parenting Plan/Residential Schedule) (WPF DR 07.0120) (be sure you complete the bottom of this form before it is served on the other parent), (3) Blank Response to Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule (WPF DR 07.0200), (4) A copy of these instructions (optional but helpful). A copy of the Summons and the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule and any other documents you file with the Petition and Summons must be served on the other parent. You may ask for a different Parenting Plan by filing your own Proposed Parenting Plan with your Response. You can use the Declaration form (WPF DR 09.0100), with attachments. You can check the rules of the court where your parenting plan case is filed to see if there are parenting plan guidelines. If adequate cause is not proven, the Petition will be dismissed and no further hearings will be held. If the court approves, the parent gets everything they asked for in the custody petition. Each party must provide tax returns for the preceding two years, current pay stubs and financial records documenting other income with the worksheets to verify income and deductions. Learn how to make an objection, call and question witnesses, introduce exhibits and evidence, and more tips for representing yourself in court. MontanaLawHelp.org | Free legal forms, info, and legal help in Montana Please enter your city, county, or zip code. Once you have completed Part III of the Petition, "certify" the Petition by signing it. Paragraph 2.11 asks you to state facts which show a substantial change of circumstances has occurred. If there is agreement, go to the section of the simplified instructions on how to complete agreed modification orders. RCW 26.09.260. For each counterclaim, explain why you believe your desired arrangement is in the best interest of the child. If you have a Parenting Plan in Montana, and the other parent is not following it, this article will outline 10 steps that you can take when the other parent isnt following the Parenting Plan, and give tips for representing yourself if you do end up going to court. Typically, you'll take your answer and counterclaim for child custody to the same court listed on the petition and summons. 4 is the Chapter number. Write Sealed at least one inch from the top of the first page of each document you file under the cover sheet. The Petition will include a Proposed Parenting Plan which lays out what the Petitioner wants for parenting. www.courts.wa.gov/court_dir/?fa=court_dir.facils. You always file paperwork for a Parenting Plan case with the Clerk of District Court. ), (If the other parent completes the Agreement to Join Petition or Service Accepted, or agrees to join the Petition by signing the agreement on the last page of the Petition, service of the Petition and Summons is not necessary. We added lots of links to more information and do-it-yourself forms that you can use in Montana Courts. I've started my case. If the other parent is not at home when the papers are delivered, the papers may also be served by leaving them with any other responsible person who resides with the other parent. Find out what you can do if the other party wont follow a Court Order. If you do not want to change child support, skip this step. If you use a blue pen for signing the forms, it will be easy to tell your original signature from any photocopies you make of the original. But, the guidelines will not apply if there are good reasons why they should not. If adequate cause is proven, the court will schedule another hearing. Justice Lives Here | MontanaLawHelp.org is your home for free civil legal information, forms, advice and free or low-cost representation in court by Montana Legal Services Association. (i) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties; (ii) the reasons of each parent for seeking or opposing the change of residence; The Respondent is the other parent. If you cannot afford it, ask for a fee waiver. <>
If you don't respond within the number of days specified by your local court, the other parent can file paperwork asking the court to enter a default judgment against you. It is especially important to keep proof that documents were served on the other party. If there are more than two children involved in the case, or if there are more than one petitioner and one respondent, use the Addendum to Confidential Information Form to provide the information for the additional children or parties. The Petition you were served with is not a Court Order. At the hearing the judge will determine whether the facts in the affidavits (declarations) submitted present adequate cause to set a date for a hearing on the merits of the Petition. There is or has been domestic violence in the relationship; or. An Affidavit is a sworn statement only about facts. YOU MAY NOT SERVE THE PAPERS ON THE OTHER PARENT YOURSELF. Filing a Petition for Parenting Plan does not establish a parenting schedule right away. Physical custody: who your children live with most of the time.. Legal and physical custody can be shared (joint) or only to one parent (sole) Check the box that applies. 1. When you file the original documents at the clerks office, be sure to stamp the copies youve made with the clerks office stamp. Montana Child Support Guidelines, MCA Title 40, Ch. If you're using our fillable template, type in the terms used by your local court. Information about what to do if you don't have a parenting plan. The moving party is the party who asks the court for a modification or for other relief. Chapter 26.09 RCW (Dissolution) If you were served with this Petition: WPF DR 01.0100. Respond to the custody petition paragraph by paragraph. Check the boxes which apply to your situation. Each parent will have the opportunity to explain their side of the story. Wait until you're in front of a notary public to sign it. Then, make two copies of each form. Response (Objection to Relocation/Petition for Modification of Custody Decree/Parenting Plan/Residential Schedule) (RSP) 06/2008. Use the following forms to modify child support (separate instructions are provided for these forms): (6) Washington State Child Support Schedule Worksheet, (7) Sealed Financial Source Documents cover sheet (WPF DRPSCU 09.0220), (Financial records filed under this cover sheet will be sealed to protect your, (8) Order of Child Support (WPF DR 01.0500, CU 01.0500 or PS 01.0500). Learn tips for keeping track of payments, what to do if you changed your name, tax tips, what to do if you move, and what happens if you want to change your Parenting Plan. Parenting Plan Information DRCVG12H: Parenting Plan DRCVG11F: Instructions for the Current Employer Information Form: DRS88I: Current Employer (or Other Payor) Information Form: . There are links to instructions and self-help guides at that site. The Ultimate DIY Guide to Divorce and Custody in Montana, Tips for When Your Divorce or Parenting Plan Case is Over, 10 Steps for When the Other Parent Wont Follow Your Parenting Plan, Best Beginnings Child Care Scholarship Program, District Court Guidelines for Parenting Plans, Joint Petition for Parenting Plan Form (Video), Parenting Plans and Natural Disasters (FAQ), Supervised Visitation Programs: Information for Mothers Who Have Experienced Abuse, Upcoming Free Legal Advice Clinics in Montana. Counterclaim (non-divorce), Ohio The Court will issue an Order Setting a Hearing. How to File a Notice of Intent to Move in Montana, Montana Child Support Guidelines Packetfrom the Child Support Services Division (CSSD) of theMontana Department of Health and Human Services, Montana Online Child Support Calculatorfrom Montana Legal Services Association, MP - 203Response to Petition for Parenting Plan, Instructional Video MP-300 Instructional Cheat Sheet, MP - 300-GDescription of Existing Medical Coverage, MP -610.1Motion to Adopt Proposed Parenting Plan as Interim Plan and Statement in Support, MP - 610.2Response to Motion to Adopt Proposed Plan as Interim Plan, MP - 610.3Reply to Response to Motion to Adopt Proposed Plan as Interim Plan, MP - 610.4Order Adopting Interim Parenting Plan and Setting Hearing, MP - 401Request for Sheriff to Serve Documents, MP - 402.1Request for Order Granting Service By Publication, MP - 402.2Order for Service of Summons By Publication, MP-403.14 Notice and acknowledgment of Service, MP-403.24 Acknowledgement of Service, MP - 404Notice and Acknowledgement to CSED and Attorney General, MP - 611.1 Motion requesting Order for Mediation, MP- 721Request for Hearing on Parenting Plan, MP - 722 Order Granting Hearing on Parenting Plan, Vital Statistics Reporting Form*Don't Forget to Fill Me Out*. You should admit in your Response those things which you believe are correct in the Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule and deny in your Response those items which are incorrect in the Petition. A certified copy of the approved orders can be obtained from the court clerk, usually within two weeks of signing. 4. If the case goes to trial, you will be mailed your Court schedule by your assigned Judge. Response to Petition for Dissolution of a Non-Covenant Marriage (Divorce) with Minor Child(ren) DRDC31F: Alternative Dispute Resolution Statement to the Court: If you and the other parent do not agree on the Parenting Plan, the case becomes contested. * The court will ask you to pay a . If you are unsure which processappliesto your situation, link toourQUESTIONNAIREfor additional guidance. Many courts have a specific form for this. PDF How to File a Response to a Petition for Dissolution of - Montana If any of the parties or children receives or received in the past welfare or other public benefits (TANF, medical assistance or foster care), and child support is to be addressed, a copy of the Summons, Petition, Child Support Worksheets and Sealed Financial Source Documents cover sheet must also be served on the County Prosecuting Attorneys Office. The decision is up to you. What is a Response to Petition for Parenting Plan? The non-moving party is the other party who must respond to the petition. The parent submitting this Plan asks the court for an order restricting parenting time. To wipe your debt away in court, you need to meet a certain legal standard proving that . Mark the box below that applies (one only): We agree on everything in this Parenting Plan. Mediation Forms Court-Funded Mediation Invoice Parent Education Forms Advanced Child-Focused: Parent Education Presenter Invoice Advanced Child-Focused: Invoice for Security Guard You only have 21 calendar days, starting the day after you were served, to file a Response with the Clerk of District Court. Instructions Completing a Petition to Modify an Order, Judgment or Decree PDF. If you don't plan on writing a counterclaim, you can attach a proposed parenting plan or custody schedule to show your ideal parenting arrangement. 2. Includes screening questions to help a parent decide whether to use the basic or the safety-focused guide. You then file the form entitled "Notice of Hearing for Adequate Cause Determination," WPF DR 07.0250. Download a free write-in-the-blank court form to file a Motion to Amend Parenting Plan when the other parent does not agree to changing the Parenting Plan. Responding allows you to clarify anything and tell the court what you want. You should have been served the following forms: (2) Summons (Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule) (WPF DR 07.0120). Your personal file may also be important if a judge in your case wants to see a document that is not in your court file. MCA Title 40, Ch. Free legal advice may be available to you through CLEAR (888) 201-1014 or from other legal services in your county.