How to File for Custody in Montana: Forms, Fees, and Deadlines

Filing for custody in Montana means filing for a parenting plan — the state eliminated the term "custody" from its family law code in 1997. Whether you are divorcing or you are an unmarried parent, the filing process follows the same basic steps through the District Court.

Here is the complete procedure, including every form, the exact costs, and the deadlines you cannot miss.

Step 1: Determine Where to File

File in the District Court of the county where your children permanently reside or are physically found. Montana has 56 counties and 22 judicial districts. Each District Court has a Clerk's office that accepts filings.

You or the child must have lived in Montana for at least six consecutive months before filing, or Montana must be the child's "home state" under the UCCJEA.

Step 2: Choose Your Filing Type

Individual Petition (Form MP-114): You file alone when the other parent is uncooperative, absent, or you expect a contested case. You will also need Form MP-414 (Summons) to formally notify the other parent.

Joint Petition (Form MP-117/118): Both parents file together when they agree on the parenting plan terms. No summons is required, and the process moves faster.

Unmarried parents file a Petition for Parenting Plan (not a Petition for Dissolution). The forms are available through the same Self-Help Center.

Step 3: Prepare Your Documents

Every filing requires:

1. Petition (MP-114 or MP-117) — states the grounds for the action and basic facts about the family
2. Proposed Parenting Plan (MP-300) — your detailed residential schedule, decision-making arrangement, holiday schedule, and dispute resolution method
3. Child Support Guidelines Worksheet — either Worksheet A (standard) or Worksheet B (shared parenting, if both parents have more than 110 overnights)
4. Summons (MP-414) — only needed for individual filings

All forms are free to download from courts.mt.gov/forms/childcustody.

Step 4: File and Pay the Fee

File your documents with the Clerk of the District Court. The total filing fee is $200, broken down as:

• $170 petition fee (MCA § 25-1-201)
• $20 civil surcharge (MCA § 25-1-202)
• $10 technology fee (MCA § 3-1-317)

If you cannot afford the fee, file Form MP-001 (Statement of Inability to Pay Court Costs and Fees) and ask the judge for a waiver.

Step 5: Serve the Other Parent

For individual filings, you must formally serve the Respondent with copies of the Summons and Petition under Rule 4 of the Montana Rules of Civil Procedure. Service can be completed by:

• The County Sheriff
• A private process server
• The Respondent signing an Acknowledgment of Service (Form MP-416) if they are cooperative

You cannot serve the papers yourself. Keep the proof of service — you will need to file it with the court.

Step 6: The 21-Day Response Deadline

Once served, the Respondent has 21 calendar days to file a written response and their own Proposed Parenting Plan with the court. If they fail to respond within 21 days, you can apply for a default judgment — the court may adopt your proposed plan in its entirety.

Step 7: Financial Disclosures

Under MCA § 40-4-252, both parties must exchange Preliminary Declarations of Disclosure (Form MP-510) within 60 days of service. These include a complete inventory of assets, liabilities, income, and expenses, plus the last two years of tax returns.

The disclosures are exchanged between the parties but not filed with the court (to protect financial privacy). You do file a Statement of Compliance confirming the exchange was completed.

Step 8: Parenting Classes

Nearly all Montana judicial districts require both parents to complete a court-approved parenting education course before the final decree. Options include UpToParents.org (free) and other approved programs. File the certificate of completion with the Clerk.

What Happens Next

If both parents agree on the plan, the court can approve it without a hearing. If there is disagreement, the court may order mediation, appoint a Guardian ad Litem, or schedule a contested hearing. Interim (temporary) orders can be requested to establish a parenting schedule while the case is pending.

File With Confidence

The biggest obstacle for self-represented parents is not the filing itself — it is knowing what to write in the blank sections of Form MP-300. The Montana Child Custody & Parenting Plan Guide gives you pre-written scheduling language, a filing timeline tracker, and step-by-step instructions for every form in the packet.

See more Montana guides →