Parenting plans—also known as custody agreements or custody and visitation agreements—are proposals submitted by parents for how issues involving children should be handled following a divorce or other proceeding in family court. The court will usually request the parents submit such a document proposing how conservatorship (decision-making), custody or possession, support, and other issues will be handled. The court may adopt some or all of these proposals and include them in the court’s order (divorce decree, child support and custody order), at which point the become legally enforceable.
In many states there is a standard possession order (SPO) that serves as the default terms for such matters, and as a useful starting point for parents who wish to modify it by agreement.
In Montana, parenting plans are required in cases involving child custody as part of a divorce or other family court proceedings. These plans outline how parents will share responsibilities and time with their children, including decision-making authority (conservatorship), living arrangements (custody or possession), child support, and other relevant issues. Montana law encourages parents to work together to create a parenting plan that serves the best interests of the child. If the parents can agree on a plan, the court will typically review it to ensure it meets legal standards and the child's best interests before incorporating it into a final order, which can be a divorce decree or a child custody and support order. If parents cannot agree, the court may establish the parenting plan. Montana does not have a standard possession order (SPO) like some states, but the law provides guidelines to assist parents and the court in formulating a parenting plan that is fair and prioritizes the welfare of the child.