Title 40, Title 40

(1) The legislature recognizes that the right of parents to the custody and control of their children is based upon the liberties secured by the United States and Montana constitutions and that a parent's right to that custody and control is therefore normally supreme to the inte…

(1) If custody of a child has been voluntarily given to a relative of the child by a parent of the child and the child has remained with that relative for at least 6 months under circumstances in which it is unclear whether or when the parent will return and retake custody of the…

(1) A government entity may not interfere with the fundamental right of parents to direct the upbringing, education, health care, and mental health of their children unless the government entity demonstrates that the interference: (a) furthers a compelling governmental interest; …

(1) (a) Except as otherwise provided by Title 41, chapter 1, part 4, or court order, a person, corporation, association, organization, state-supported institution, or individual employee of a corporation, association, organization, or state-supported institution may not: (i) proc…

(1) The board of trustees of a school district, in consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the involvement of parents of children enrolled in the school district, including: (a) a plan for parent participation in the sc…

(1) Unless a right has been legally waived or legally terminated, a parent has inalienable rights that are more comprehensive than those listed in 40-6-701, 40-6-702, 41-1-402, 41-1-403, 41-1-405, and this section. The protections afforded by 40-6-701, 40-6-702, 41-1-402, 41-1-40…

(1) Unless parental rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those described in 40-6-701 or 40-6-703. The protections afforded by 40-6-701 and 40-6-703 are in addition to the protections provided under…

This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act".

As used in this chapter, the following definitions apply: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual who has not attained 18 years of age. (3) (a) "Child custody determination" means a judgment, d…

(1) Before a child custody determination is made under this chapter, notice and opportunity to be heard in accordance with the standards of 40-7-106 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of th…

(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably ca…

(1) Except as otherwise provided in 40-7-204, a court of this state may not exercise its jurisdiction under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and 40-7-201 through 40-7-203 if at the time of commencement of the proceeding a proceeding concerning the custody of the chi…

(1) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appr…

(1) Except as otherwise provided in 40-7-204, if a court of this state has jurisdiction under this chapter because a person invoking the jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise jurisdiction unless: (a) the parents and all persons act…

(1) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address, the places where the child has lived during the last 5 years, and the names and pre…

(1) A court of this state may order a party to a child custody proceeding who is in this state to appear before the court personally with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear physi…

(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony …

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

(1) A child custody proceeding that pertains to an Indian child as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 is not subject to this chapter to the extent that it is governed by the federal Indian Child Welfare Act or the Montana Indian…

(1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying 40-7-101, 40-7-103, 40-7-105 through 40-7-110, 40-7-112, 40-7-119, 40-7-125, 40-7-134 through 40-7-140, and part 2 of this chapter. (2) A child custody d…

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with 40-7-106 or who have submitted to the jurisdiction of the court, an…

(1) A party to a child custody proceeding who is not subject to personal jurisdiction in this state and who is a responding party under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter, a party in a proceeding to modify a child custody determination under…

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given…

(1) A court of this state may request the appropriate court of another state to: (a) hold an evidentiary hearing; (b) order a person to produce or give evidence pursuant to procedures of that state; (c) order that an evaluation be made with respect to the custody of a child invol…

(1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction to make an initial child custody determination only if: (a) this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6…

(1) Except as otherwise provided in 40-7-204, a court of this state that has made a child custody determination consistent with 40-7-201 or 40-7-203 has exclusive, continuing jurisdiction over the determination until: (a) a court of this state determines that neither the child, t…

Except as otherwise provided in 40-7-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under 40-7-201(1)(a) or (1)(b) and: (1) the court of the ot…

(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with…

In this part: (1) "Petitioner" means a person who seeks enforcement of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) "Respondent" means a person against whom…

Under this part, a court of this state may enforce an order for the return of the child that was made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.

(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictio…

(1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) a visitation schedule made by a court of another state; or (b) the visitation provisions of a child custody determination of another state …

(1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to district court in this state: (a) a letter or other document requesting registration; (b) two copies, includ…

(1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (2) A court of this state shall recognize and enforce, but may not modify, except in accordance with…

If a proceeding for enforcement under this part is commenced in a court of this state and the court determines that a proceeding to modify the determination is commenced in a court of another state having jurisdiction to modify the determination under 40-7-105, 40-7-107 through 4…

(1) A petition under this part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (2) A petition for enfo…

Except as otherwise provided in 40-7-311, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.

(1) Unless the court issues a temporary emergency order pursuant to 40-7-204, upon a finding that a petitioner is entitled to the physical custody of the child immediately, the court shall order the child delivered to the petitioner unless the respondent establishes that: (a) the…

(1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or to be re…

(1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and child care during t…

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter that enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdict…

An appeal may be taken from a final order in a proceeding under this part. Unless the court enters a temporary emergency order under 40-7-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

(1) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resorting to a proceeding under this part or any other available civil proceeding, to locate a ch…

At the request of a prosecutor acting under 40-7-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and to assist a prosecutor with responsibilities under 40-7-315.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under 40-7-315 or 40-7-316.