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  • Andrea Fox

Want to Move, But Have a Parenting Plan?

You want to move away from Kalispell, but you have a parenting plan. Where do you even start? A great place to start is with the letter of the law. In Montana, if you are moving and have a parenting plan, you have to start with Montana Code Annotated 40-4-217. I recommend that you click the link and read the statute.



Pursuant to the statute, you need to file a motion to amend the parenting plan, and provide a new, proposed residential schedule. Your pleadings require special language, as set forth in the statute. Then, the other parent has time to respond to your request. Once the other party has responded, your case will proceed to mediation and/or court for a decision.


As a practical matter, "move cases" (as us Kalispell divorce lawyers call them) are the toughest cases to win. That's because no one wants to have their child or children be further from them, both parents want to keep the child or children close, so the other parent will fight hard. Move cases are the least likely to settle in mediation, and the most likely to end up in court.



While I always tell potential clients that you may be completely capable of handling your move case, and there is no pressure to ever hire counsel, the difficulty of move cases can make it a good situation to bring on a Kalispell family law lawyer for help. I offer a $75, 30-minute phone consultation if you want to discuss your options and your unique circumstances.

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 307 1st Ave. E., #4

P.O. Box 9621 Kalispell, MT 59904

Tel: 406-204-0757 (voice or text)

FAX: 406-890-6722

afox@mtfoxlaw.com

 

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