40-4-220. Affidavit practice. (1) Unless the parties agree to an interim parenting plan or an amended parenting plan, the moving party seeking an interim parenting plan or amendment of a final parenting plan shall submit, together with the moving papers, an affidavit setting forth facts supporting the requested plan or amendment and shall give notice, together with a copy of the affidavit, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, based on the best interests of the child, in which case it shall set a date for hearing on an order to show cause why the requested plan or amendment should not be granted.
(2) (a) A party seeking an interim parenting plan may request that the court grant a temporary order providing for living arrangements for the child ex parte. The party shall make the request in the moving papers and shall submit an affidavit showing that:
(i) no previous parenting plan has been ordered by a court and it would be in the child's best interest under the standards of 40-4-212 if temporary living arrangements for the child were as proposed by the moving party; or
(ii) although a previous parenting plan has been ordered, an emergency situation has arisen in the child's present environment that endangers the child's physical, mental, or emotional health and an immediate change in the parenting plan is necessary to protect the child.
(b) If the court finds from the affidavits submitted by the moving party that the interim parenting plan proposed by the moving party would be in the child's best interest under the standards of 40-4-212 and that the child's present environment endangers the child's physical, mental, or emotional health and the child would be protected by the interim parenting plan, the court shall make an order implementing the interim parenting plan proposed by the moving party. The court shall require all parties to appear and show cause within 21 days from the execution of the interim parenting plan why the interim parenting plan should not remain in effect until further order of court.
History: En. 48-340 by Sec. 40, Ch. 536, L. 1975; R.C.M. 1947, 48-340; amd. Sec. 3, Ch. 410, L. 1979; amd. Sec. 24, Ch. 343, L. 1997; amd. Sec. 1, Ch. 541, L. 1999; amd. Sec. 10, Ch. 88, L. 2013.
Structure Montana Code Annotated
Chapter 4. Termination of Marriage, Child Custody, Support
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-201. Separation agreement
40-4-202. Division of property
40-4-204. Child support -- orders to address health insurance -- withholding of child support
40-4-206. Payment of maintenance or support to court -- handling fee of clerk
40-4-209. Security or guaranty to secure support
40-4-210. Child support jurisdiction -- nonresident individual
40-4-211. Jurisdiction -- commencement of parenting proceedings
40-4-212. Best interest of child
40-4-213. Interim parenting plan
40-4-215. Investigations and reports
40-4-217. Notice of intent to move
40-4-218. Judicial supervision
40-4-219. Amendment of parenting plan -- mediation
40-4-221. Determination of child's care upon death of parent
40-4-225. Access to records by parent
40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children
40-4-227. Rights of parents and children -- policy -- findings
40-4-228. Parenting and visitation matters between natural parent and third party
40-4-229. through 40-4-232 reserved
40-4-233. Final parenting plan -- purpose and objectives
40-4-234. Final parenting plan criteria
40-4-235. through 40-4-250 reserved
40-4-252. Preliminary declaration of disclosure -- penalty
40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies