[MT] How do I file a parenting plan when no family court case is open, and do I qualify for legal aid?

MT Family Law

Liz

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Alright, let's focus on getting your parenting plan filed first. In Montana, you can file a parenting plan with the district court in the county where your child resides.

You'll need to complete the necessary forms, which typically include the parenting plan itself and a petition for custody if you're not filing for divorce yet.

You can also include a request for support. When you're ready, you can visit the family court in your county. You would take the papers to the clerk. You'd speak with the clerk of the family court, as they can assist with filing. You would then have to serve the other parent with the documents.

There is also legal assistance, if you're considered low income. For low income, it's usually based on the average for your area. Legal aid also usually has a sliding scale. Montana uses 125% of the federal poverty level. $33,312 per year is 125% of the poverty guidelines. If lower, then you would qualify for legal aid. Then you would qualify for legal aid.

Montana Custody (Parenting) Plan

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How do I file the parenting plan I just made?

Lexi, Chatbot

I understand that filing a parenting plan can be a bit overwhelming. Have you already discussed the plan with the other parent involved?

No.

Lexi, Chatbot

What state or jurisdiction are you in? Filing procedures can vary by location.

Montana.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I’m here to assist with your legal concerns. So I can best help, is a family court case already open?

No.

Liz

Thank you for sharing that. Will you be filing a divorce or just the parenting plan?

I’m not sure yet, but most likely yes. I think I would be low income, but I don’t know.

Liz

How many people are in your household? I can get you the actual number.

With the separation, two kids and myself.

Liz

Alright, let's focus on getting your parenting plan filed first. In Montana, you can file a parenting plan with the district court in the county where your child resides.

You'll need to complete the necessary forms, which typically include the parenting plan itself and a petition for custody if you're not filing for divorce yet.

I believe I wouldn’t be anywhere near that.

Liz

Your income is higher or lower? If lower, then you would qualify for legal aid.

I believe it’s way lower…

Liz

Then you would qualify for legal aid.

Ok great—so I print my parenting plan and take it to the courthouse, then get a petition for custody and ask to request support?

Liz

You’d speak with the clerk of the family court, as they can assist with filing. You would then have to serve the other parent with the documents. If I can help further, please let me know.

Liz

41,505 satisfied customers

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