reglab/housing_qa huggingface dataset:
MT Code § 40-6-108 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-108. Statute of limitations

  40-6-108. Statute of limitations. (1) An action may be commenced at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105(1)(a), (1)(b), or (1)(c).   (2) After the presumption has been rebutted, paternity of the child by another individual may be determined in the same action if the other individual has been made a party.   (3) An action to determine the existence or nonexistence of the father and child relationship as to a child who has no presumed father under 40-6-105:   (a) may not be brought by the child later than 2 years after the child attains the age of majority;   (b) may be brought by a state agency at any time after the first application is made under Title IV-D of the Social Security Act for services to the child and before the child attains the age of majority. This subsection is intended to apply retroactively, within the meaning of 1-2-109, to any child for whom a paternity action was barred or could have been barred by a shorter limitation period. However, in previously barred actions that are revived by this subsection, the father is not liable to the state agency for support of the child.   (4) The father's liability for a statutory debt created by the payment of public assistance is limited to the amount of assistance paid during the 2-year period preceding commencement of the action. This subsection does not limit the subsequent accrual of a statutory debt.   (5) Section 40-6-107 and this section do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship or otherwise.   (6) After the conclusion of an adoption proceeding under Title 42, a further action to declare the existence or nonexistence of the father and child relationship of the adopted child may not be commenced, except as provided in 42-2-411.   History: En. 61-308 by Sec. 8, Ch. 512, L. 1975; R.C.M. 1947, 61-308; amd. Sec. 5, Ch. 33, L. 1979; amd. Sec. 1, Ch. 442, L. 1985; amd. Sec. 1, Ch. 129, L. 1987; amd. Sec. 1, Ch. 265, L. 1991; amd. Sec. 1, Ch. 373, L. 1993; amd. Sec. 165, Ch. 480, L. 1997.
MT Code § 40-6-109 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-109. Jurisdiction -- venue

  40-6-109. Jurisdiction -- venue. (1) The district court has jurisdiction of an action brought under this part. The action may be joined with an action for dissolution, annulment, separate maintenance, support, or adoption.   (2) For purposes of an action brought under this part, personal jurisdiction is established in the courts of this state over an individual or the individual's guardian or conservator, if:   (a) the individual is personally served within this state in accordance with Rule 4(b), Montana Rules of Civil Procedure;   (b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document that has the effect of waiving any contest to personal jurisdiction;   (c) the individual resided with the child in this state;   (d) the individual resided in this state and provided prenatal expenses or support for the child;   (e) the child resides in this state as a result of the acts or directives of the individual;   (f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or   (g) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.   (3) The action may be brought in the county in which the child or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of the father's estate have been or could be commenced.   History: En. 61-309 by Sec. 9, Ch. 512, L. 1975; amd. Sec. 21, Ch. 33, L. 1977; R.C.M. 1947, 61-309; amd. Sec. 57, Ch. 328, L. 1993.
MT Code § 40-6-110 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-110. Parties

  40-6-110. Parties. The child must be made a party to the action. A minor must be represented by the minor's general guardian or a guardian ad litem appointed by the court. The child's mother or father may not represent the child as guardian or otherwise. The court may not appoint the department of public health and human services or any of its staff as guardian ad litem for the child. The natural mother, each person presumed to be the father under 40-6-105, and each person alleged to be the natural father must be made parties or, if not subject to the jurisdiction of the court, must be given notice of the action in a manner prescribed by the court and must be given an opportunity to be heard. The court may align the parties.   History: En. 61-310 by Sec. 10, Ch. 512, L. 1975; R.C.M. 1947, 61-310; amd. Sec. 33, Ch. 609, L. 1987; amd. Sec. 3, Ch. 434, L. 1993; amd. Sec. 146, Ch. 546, L. 1995.
MT Code § 40-6-111 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-111. Pretrial proceedings

  40-6-111. Pretrial proceedings. (1) As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the hearing be held before a referee. The public must be barred from the hearing. A record of the proceeding must be kept.   (2) Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order the witness to testify under oath and produce evidence concerning all relevant facts. If the refusal is upon the ground that the testimony or evidence might tend to incriminate the witness, the court may grant the witness immunity from all criminal liability on account of the testimony or evidence the witness is required to produce. An order granting immunity bars prosecution of the witness for any offense shown in whole or in part by testimony or evidence that the witness is required to produce, except for perjury committed in the testimony. The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court.   (3) Upon motion, a temporary support order may be issued at any time during a paternity action when there is clear and convincing evidence of paternity in the form of paternity test results or other evidence. The temporary support order must be established according to the uniform child support guidelines adopted under 40-5-209.   History: En. 61-311 by Sec. 11, Ch. 512, L. 1975; R.C.M. 1947, 61-311; amd. Sec. 87, Ch. 552, L. 1997; amd. Sec. 13, Ch. 364, L. 2019.
MT Code § 40-6-112 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-112. Paternity tests

  40-6-112. Paternity tests. (1) The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to paternity tests. The tests shall be performed by an expert qualified as an examiner of blood types, appointed by the court.   (2) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of blood types.   (3) In all cases the court shall determine the number and qualifications of the experts.   History: En. 61-312 by Sec. 12, Ch. 512, L. 1975; R.C.M. 1947, 61-312; amd. Sec. 14, Ch. 364, L. 2019.
MT Code § 40-6-113 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-113. Evidence relating to paternity

  40-6-113. Evidence relating to paternity. Evidence relating to paternity may include:   (1) evidence of sexual intercourse between the mother and alleged father at any possible time of conception;   (2) an expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;   (3) paternity test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;   (4) medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests; and   (5) all other evidence relevant to the issue of paternity of the child.   History: En. 61-313 by Sec. 13, Ch. 512, L. 1975; R.C.M. 1947, 61-313; amd. Sec. 15, Ch. 364, L. 2019.
MT Code § 40-6-114 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-114. Pretrial recommendations

  40-6-114. Pretrial recommendations. (1) On the basis of the information produced at the pretrial hearing, the judge or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:   (a) that the action be dismissed with or without prejudice;   (b) that the matter be compromised by an agreement among the alleged father, the mother, and the child, in which the father and child relationship is not determined but in which a defined economic obligation is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge or referee conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge or referee conducting the hearing shall consider the best interest of the child in the light of the factors enumerated in 40-6-116(5), discounted by the improbability, as it appears to the judge or referee, of establishing the alleged father's paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father's identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on the alleged father.   (c) that the alleged father voluntarily acknowledge paternity of the child.   (2) If the parties accept a recommendation made in accordance with subsection (1), judgment must be entered accordingly.   (3) If a party refuses to accept a recommendation made under subsection (1) and paternity tests have not been taken, the court shall require the parties to submit to paternity tests, if practicable. Thereafter, the judge or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial.   (4) If the scientific evidence resulting from the paternity tests conclusively shows that the defendant could not have been the father, then the action must be dismissed.   (5) The guardian ad litem may accept or refuse to accept a recommendation under this section.   (6) The informal hearing may be terminated and the action set for trial if the judge or referee conducting the hearing finds unlikely that all parties would accept a recommendation made under subsection (1) or (3).   History: En. 61-314 by Sec. 14, Ch. 512, L. 1975; R.C.M. 1947, 61-314; amd. Sec. 1582, Ch. 56, L. 2009; amd. Sec. 16, Ch. 364, L. 2019.
MT Code § 40-6-115 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-115. Civil action

  40-6-115. Civil action. (1) An action under this part is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Sections 40-6-111(2), 40-6-112, and 40-6-113 apply to all actions brought under this part.   (2) Testimony relating to sexual access to the mother by an unidentified person at any time or by an identified person at a time other than the probable time of conception of the child is inadmissible in evidence, unless offered by the mother.   (3) In an action against an alleged father, evidence offered by the alleged father with respect to a person who is not subject to the jurisdiction of the court concerning sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court paternity tests, the results of which do not exclude the possibility of the alleged father's paternity of the child. A person who is identified and is subject to the jurisdiction of the court must be made a defendant in the action.   (4) If a paternity test has been initially ordered under this part and a party objects to the paternity test results, the objection must be filed within 20 days after service of the paternity test results. If an objection is filed, and upon the alleged father's advance payment for additional testing, the court shall order an additional paternity test. If no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.   (5) If the alleged father fails to answer or to appear at a scheduled hearing or for a scheduled paternity test, the district court shall enter an order declaring the alleged father the legal father of the child. The district court may not enter an order under this section if there is more than one alleged father unless the default applies to only one of them and all others have been excluded by the results of paternity testing.   (6) Bills for pregnancy, childbirth, and paternity testing are admissible as evidence without third-party foundation testimony and are prima facie evidence of the amounts incurred.   History: En. 61-315 by Sec. 15, Ch. 512, L. 1975; R.C.M. 1947, 61-315; amd. Sec. 8, Ch. 70, L. 1995; amd. Sec. 88, Ch. 552, L. 1997; amd. Sec. 17, Ch. 364, L. 2019.
MT Code § 40-6-117 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-117. Enforcement of judgment or order

  40-6-117. Enforcement of judgment or order. (1) If existence of the father and child relationship is declared or paternity or a duty of support has been acknowledged or adjudicated under this part or under prior law, the court may, except as provided in 40-5-909 and 40-6-116(8), order support payments to be made to the mother, the clerk of the court, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court.   (2) Full faith and credit must be given to a determination of paternity made by any other state, whether presumed by law, established through voluntary acknowledgment, or established by administrative or judicial processes.   (3) Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.   (4) (a) A district court judgment, decree, or order that establishes or modifies a child support obligation must include a provision requiring the child support obligation to be paid, without need for further order of the court, to:   (i) the legal custodian of the minor child;   (ii) a person, organization, or agency to which the legal custodian voluntarily or involuntarily relinquishes actual physical custody of the child; or   (iii) any other person, organization, or agency entitled by law, assignment, or similar reason to receive or collect the child support obligation.   (b) If the department of public health and human services is providing services under Title IV-D of the Social Security Act, payment of support must be made through the department for distribution to the person, organization, or agency entitled to the payment.   (c) A judgment, decree, or order that omits the provision required by subsection (4)(a) is subject to the requirements of subsection (4)(a) without need for an amendment to the judgment, decree, or order or for any further action by the court.   History: En. 61-318 by Sec. 18, Ch. 512, L. 1975; R.C.M. 1947, 61-318; amd. Sec. 22, Ch. 631, L. 1993; amd. Sec. 9, Ch. 70, L. 1995; amd. Sec. 90, Ch. 552, L. 1997.
MT Code § 40-6-118 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-118. Modification of judgment or order

  40-6-118. Modification of judgment or order. The court has continuing jurisdiction to modify or revoke a judgment or order:   (1) for future education and support; and   (2) with respect to matters listed in 40-6-116(3), 40-6-116(4), and 40-6-117(3), except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under 40-6-116(4) may specify that the judgment or order may not be modified or revoked.   History: En. 61-319 by Sec. 19, Ch. 512, L. 1975; R.C.M. 1947, 61-319; amd. Sec. 10, Ch. 70, L. 1995.
MT Code § 40-6-119 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-119. Right to counsel -- transcript on appeal

  40-6-119. Right to counsel -- transcript on appeal. (1) At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall order the office of state public defender, pursuant to the Montana Public Defender Act, Title 47, chapter 1, to assign counsel for a party who is financially unable to obtain counsel.   (2) The court may order reasonable fees for experts and the child's guardian ad litem and other costs of the action and pretrial proceedings, including paternity test costs, to be paid by the parties in proportions and at times determined by the court.   (3) If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal. Transcript fees must be paid as provided in 3-5-604.   History: En. 61-320 by Sec. 20, Ch. 512, L. 1975; R.C.M. 1947, 61-320; amd. Sec. 1, Ch. 282, L. 1995; amd. Sec. 28, Ch. 449, L. 2005; amd. Sec. 2, Ch. 154, L. 2009; amd. Sec. 18, Ch. 364, L. 2019.
MT Code § 40-6-120 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-120. Hearings and records -- confidentiality

  40-6-120. Hearings and records -- confidentiality. Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this part shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in any agency of the state or of any political subdivision or elsewhere, are subject to inspection only upon consent of the court and all interested persons or in exceptional cases only upon an order of the court for good cause shown.   History: En. 61-321 by Sec. 21, Ch. 512, L. 1975; R.C.M. 1947, 61-321.
MT Code § 40-6-121 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-121. Action to declare mother and child relationship

  40-6-121. Action to declare mother and child relationship. Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this part applicable to the father and child relationship apply.   History: En. 61-322 by Sec. 22, Ch. 512, L. 1975; R.C.M. 1947, 61-322.
MT Code § 40-6-122 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-122. Promise to render support

  40-6-122. Promise to render support. (1) Any promise in writing to furnish support for a child growing out of a supposed or alleged father and child relationship does not require consideration and is enforceable according to its terms, subject to 40-6-107(4).   (2) In the best interest of the child or the mother, the court may, and upon the promisor's request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.   History: En. 61-323 by Sec. 23, Ch. 512, L. 1975; amd. Sec. 22, Ch. 33, L. 1977; R.C.M. 1947, 61-323.
MT Code § 40-6-123 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-123. Birth records

  40-6-123. Birth records. (1) Upon order of a court of this state or upon request of a court of another state, the department of public health and human services shall prepare a substitute certificate of birth consistent with the findings of the court and shall substitute the new certificate for the original certificate of birth.   (2) The fact that the father and child relationship was declared after the child's birth may not be ascertainable from the new certificate, but the actual place and date of birth must be shown.   (3) The evidence upon which the new certificate was made and the original birth certificate must be kept in a sealed and confidential file and are subject to inspection only upon consent of the court and all interested persons or in exceptional cases only upon an order of the court for good cause shown.   History: En. 61-324 by Sec. 24, Ch. 512, L. 1975; R.C.M. 1947, 61-324; amd. Sec. 82, Ch. 418, L. 1995; amd. Sec. 148, Ch. 546, L. 1995.
MT Code § 40-6-124 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-124. Repealed

  40-6-124. Repealed. Sec. 15, Ch. 530, L. 1981.   History: En. 61-328 by Sec. 1, Ch. 422, L. 1977; R.C.M. 1947, 61-328.
MT Code § 40-6-125 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-125. Repealed

  40-6-125. Repealed. Sec. 171, Ch. 480, L. 1997.   History: En. 61-329 by Sec. 2, Ch. 422, L. 1977; R.C.M. 1947, 61-329; amd. Sec. 4, Ch. 530, L. 1981; amd. Sec. 2, Ch. 1, Sp. L. 1981; amd. Sec. 1, Ch. 683, L. 1991; amd. Sec. 3, Ch. 458, L. 1995.
MT Code § 40-6-126 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-126. Repealed

  40-6-126. Repealed. Sec. 171, Ch. 480, L. 1997.   History: En. 61-330 by Sec. 3, Ch. 422, L. 1977; R.C.M. 1947, 61-330; amd. Sec. 83, Ch. 418, L. 1995; amd. Sec. 4, Ch. 458, L. 1995; amd. Sec. 149, Ch. 546, L. 1995.
MT Code § 40-6-127 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-127. Repealed

  40-6-127. Repealed. Sec. 171, Ch. 480, L. 1997.   History: En. 61-331 by Sec. 4, Ch. 422, L. 1977; R.C.M. 1947, 61-331.
MT Code § 40-6-128 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-128. Repealed

  40-6-128. Repealed. Sec. 171, Ch. 480, L. 1997.   History: En. 61-332 by Sec. 5, Ch. 422, L. 1977; R.C.M. 1947, 61-332; amd. Sec. 84, Ch. 418, L. 1995; amd. Sec. 150, Ch. 546, L. 1995.
MT Code § 40-6-129 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 6. Parent and Child|Part 1. Uniform Parentage Act|40-6-129. Repealed

  40-6-129. Repealed. Sec. 171, Ch. 480, L. 1997.   History: En. 61-333 by Sec. 6, Ch. 422, L. 1977; R.C.M. 1947, 61-333.