Can I Move During a Divorce in Montana if I Have Children? What Must I Do in Montana?


Montana Child Custody Attorneys & Child Custody Relocation Lawyers

Frequently, clients want to know whether they may move during the course of a divorce or after a divorce is finalized, and what impact this may have on custody and parenting time matters.

During a divorce, a party may wish to move out of state with children or simply move out of the city that both parents are in. When that happens, it affects the parenting time for both parties. The statutes in Montana require a notice process and a negotiation process to accomplish that. Every parent has a right to move to whatever location they want to, or wish to, after a divorce.

You are not required to stay in the location that you are in simply because that’s where your ex-spouse lives and that’s where the children are. That may be in the best interest of the children, but at the same time if you get a job offer that increases your pay you’re going to want to go there.

So how does that work?

Well, the statute mandates the process, and it’s a process where you give the opposing party notice of your intent to move. There’s a timeline to do that within. They then have to respond. If you cannot reach an agreement informally, then you go back to court saying there are changed circumstances in the life of the child. Mainly, I got a new job in Dallas or somewhere else, and I need to move. I don’t want to lose my parenting time. So here we are again judge.

If you are contemplating a move and would like to learn more about your child custody rights, we encourage you to call our office to schedule a consultation with an experienced and tenacious Montana child custody lawyer.