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My ex filed notice of intent ti move. I responded by

Customer Question
My ex filed notice...

My ex filed notice of intent ti move. I responded by contesting. He wants to move to MN, my child is 2. We are in MT. I contested saying not seeing me isnt in her best interest. They responded saying my contesting wasnt sufficient and asked for the judge ti issue an order. Am i able to reply to their response? How long do i have? Their response was filed 5-29.

Lawyer's Assistant: What steps has your ex taken? Have they filed any papers in MN family court?

He filed a notice of intent to move. Nothing in MN we live in MT

Lawyer's Assistant: Family law varies by state. What state are they in?

MONTANA

Submitted: 24 days ago.Category: Legal
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Customer reply replied 24 days ago
I just want to verify whether there will be a hearing.
Answered in 6 hours by:
6/1/2018
Lawyer: LegalKnowledge, Attorney replied 24 days ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,982
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Lawyer: LegalKnowledge, Attorney replied 24 days ago

Good morning. Yes, if you are objecting to this and responding and it can not be agreed on, there should be a hearing set by the Judge. The Judge has the final say and will decide based on the best interest of the child and hear arguments from both sides. I have also provided the statute below, so you can see the time which is required of BOTH parties for responses and what must be done.

Notice Of Intent To Move

40-4-217. Notice of intent to move. (1) A parent who intends to change residence shall, unless precluded under 40-4-234, provide written notice to the other parent.

(2) (a) If a parent's change in residence will significantly affect the child's contact with the other parent, the parent who intends to change residence shall, pursuant to 40-4-219, file a motion for amendment of the residential schedule and a proposed revised residential schedule with the court that adopted the residential schedule or the court to which jurisdiction or venue over the child has been transferred. The motion must be served personally or by certified mail on the other parent and served pursuant to the Montana Rules of Civil Procedure on the parent's attorney of record, if the parent has an attorney of record, not less than 30 days before the proposed change in residence.

(b) The notice pursuant to this subsection (2) is not sufficient unless it contains the following statement: "The relocation of the child may be permitted and the proposed revised residential schedule may be ordered by the court without further proceedings unless within 21 days you file a response and alternate revised residential schedule with the court and serve your response on the person proposing the move and all other persons entitled by the court order to residential time or visitation with the child."

(3) The parent who receives service of a motion to amend the parenting plan pursuant to this section has 21 days after service of the motion to file a response. If the parent receiving notice objects to the proposed revised residential schedule, the responding parent shall include an alternate proposed revised residential schedule with the response. The response must be served as provided for by the Montana Rules of Civil Procedure on the parent proposing to change residence or on the parent's attorney of record if the parent has an attorney of record.

(4) If a parent is properly served with a motion to amend the parenting plan pursuant to this section, failure to file a response within the 21-day period constitutes acceptance of the proposed revised residential schedule.

(5) A person entitled to file an objection to the proposed relocation of the child may file the objection regardless of whether the person has received proper notice.

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