reglab/housing_qa huggingface dataset:
MT Code § 40-4-214 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-214. Interviews

  40-4-214. Interviews. (1) The court may interview the child in chambers to ascertain the child's wishes as to residence and parental contact. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be part of the record in the case.   (2) The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given must be in writing and made available by the court to counsel upon request. Counsel may examine as a witness any professional personnel consulted by the court.   History: En. 48-334 by Sec. 34, Ch. 536, L. 1975; R.C.M. 1947, 48-334; amd. Sec. 17, Ch. 343, L. 1997.
MT Code § 40-4-216 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-216. Hearings

  40-4-216. Hearings. (1) Parenting plan proceedings must receive priority in being set for hearing.   (2) Upon motion of a parent who has received military service orders, the court shall, for good cause shown, hold an expedited hearing in parenting or visitation matters instituted under 40-4-228(6) if the military service, as defined in 10-1-1003, of the parent has a material effect on the parent's ability or anticipated ability to appear in person at a hearing scheduled in an unexpedited manner.   (3) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court considers necessary to determine the best interest of the child.   (4) The court, without a jury, shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a parenting hearing but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.   (5) If the court finds it necessary that the record of any interview, report, investigation, or testimony in a parenting proceeding be kept secret to protect the child's welfare, the court may make an appropriate order sealing the record.   History: En. 48-336 by Sec. 36, Ch. 536, L. 1975; R.C.M. 1947, 48-336; amd. Sec. 21, Ch. 343, L. 1997; amd. Sec. 2, Ch. 356, L. 2009.
MT Code § 40-4-217 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-217. 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.   History: En. 48-337 by Sec. 37, Ch. 536, L. 1975; R.C.M. 1947, 48-337; amd. Sec. 3, Ch. 17, L. 1979; amd. Sec. 1, Ch. 509, L. 1987; amd. Sec. 1, Ch. 405, L. 1989; amd. Sec. 8, Ch. 350, L. 1995; amd. Sec. 2, Ch. 467, L. 1995; amd. Sec. 22, Ch. 343, L. 1997; amd. Sec. 1, Ch. 111, L. 2015.
MT Code § 40-4-218 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-218. Judicial supervision

  40-4-218. Judicial supervision. (1) Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child's upbringing, including the child's education, health care, and religious training, unless the court after hearing finds, upon motion by the noncustodial parent, that in the absence of a specific limitation of the custodian's authority, the child's physical health would be endangered or the child's emotional development significantly impaired.   (2) If both parents or all contestants agree to the order or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development significantly impaired, the court may order supervised visitation by the noncustodial parent. The court may not order the department of public health and human services to supervise the visitation.   History: En. 48-338 by Sec. 38, Ch. 536, L. 1975; R.C.M. 1947, 48-338; amd. Sec. 12, Ch. 609, L. 1987; amd. Sec. 123, Ch. 546, L. 1995; amd. Sec. 1, Ch. 514, L. 1997.
MT Code § 40-4-220 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-220. Affidavit practice

  40-4-220. Affidavit practice. (1) Unless the parties agree to an interim parenting plan or an amended parenting plan, the moving party seeking an interim parenting plan or amendment of a final parenting plan shall submit, together with the moving papers, an affidavit setting forth facts supporting the requested plan or amendment and shall give notice, together with a copy of the affidavit, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, based on the best interests of the child, in which case it shall set a date for hearing on an order to show cause why the requested plan or amendment should not be granted.   (2) (a) A party seeking an interim parenting plan may request that the court grant a temporary order providing for living arrangements for the child ex parte. The party shall make the request in the moving papers and shall submit an affidavit showing that:   (i) no previous parenting plan has been ordered by a court and it would be in the child's best interest under the standards of 40-4-212 if temporary living arrangements for the child were as proposed by the moving party; or   (ii) although a previous parenting plan has been ordered, an emergency situation has arisen in the child's present environment that endangers the child's physical, mental, or emotional health and an immediate change in the parenting plan is necessary to protect the child.   (b) If the court finds from the affidavits submitted by the moving party that the interim parenting plan proposed by the moving party would be in the child's best interest under the standards of 40-4-212 and that the child's present environment endangers the child's physical, mental, or emotional health and the child would be protected by the interim parenting plan, the court shall make an order implementing the interim parenting plan proposed by the moving party. The court shall require all parties to appear and show cause within 21 days from the execution of the interim parenting plan why the interim parenting plan should not remain in effect until further order of court.   History: En. 48-340 by Sec. 40, Ch. 536, L. 1975; R.C.M. 1947, 48-340; amd. Sec. 3, Ch. 410, L. 1979; amd. Sec. 24, Ch. 343, L. 1997; amd. Sec. 1, Ch. 541, L. 1999; amd. Sec. 10, Ch. 88, L. 2013.
MT Code § 40-4-221 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-221. Determination of child's care upon death of parent

  40-4-221. Determination of child's care upon death of parent. (1) Upon the death of a parent, one or more parties named in subsection (2) may request a parenting plan hearing. The surviving parent must be a party in any proceeding brought under this section.   (2) Upon the death of a parent, any of the following parties may request a parenting plan hearing:   (a) the natural parent;   (b) the surviving spouse of the deceased parent;   (c) a person nominated by the will of the deceased parent;   (d) any person nominated by the child if the child is at least 12 years old;   (e) any other person if that person has actual physical control over the child;   (f) a person who has established with the child a child-parent relationship, as defined in 40-4-211;   (g) any other party whom, upon showing of good cause, the court permits to intervene as an interested party.   (3) The hearing and determination of a parenting plan is governed by this part.   History: En. Secs. 1, 2, 3, Ch. 127, L. 1979; amd. Sec. 25, Ch. 343, L. 1997; amd. Sec. 2, Ch. 414, L. 1999.
MT Code § 40-4-222 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-222. Repealed

  40-4-222. Repealed. Sec. 39, Ch. 343, L. 1997.   History: En. Sec. 1, Ch. 416, L. 1981.
MT Code § 40-4-223 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-223. Repealed

  40-4-223. Repealed. Sec. 39, Ch. 343, L. 1997.   History: En. Sec. 2, Ch. 416, L. 1981; amd. Sec. 2, Ch. 727, L. 1985.
MT Code § 40-4-224 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-224. Repealed

  40-4-224. Repealed. Sec. 39, Ch. 343, L. 1997.   History: En. Sec. 3, Ch. 416, L. 1981; amd. Sec. 1, Ch. 496, L. 1985; amd. Sec. 3, Ch. 727, L. 1985; amd. Sec. 2, Ch. 379, L. 1987; amd. Sec. 1, Ch. 365, L. 1989.
MT Code § 40-4-225 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-225. Access to records by parent

  40-4-225. Access to records by parent. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including but not limited to medical, dental, law enforcement, and school records, may not be denied to a parent who is a party to a parenting plan.   History: En. Sec. 4, Ch. 416, L. 1981; amd. Sec. 26, Ch. 343, L. 1997.
MT Code § 40-4-226 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children

  40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children. (1) In a proceeding for dissolution of marriage involving a minor child or in a parenting plan proceeding involving a minor child, a court shall inform the parties, excluding the minor child, of available educational programs concerning the effects of dissolution of marriage on children and, if the court finds that it would be in the best interest of the minor child, shall order the parties to attend a court-sanctioned program. The program may be divided into sessions. The program must be educational in nature and may not be designed for individual therapy.   (2) The cost of implementing the court-sanctioned educational program for each district court, provided for in subsection (1), must be paid by the state as provided in 3-5-901. Costs may include parenting evaluation and guardian ad litem services.   History: En. Sec. 1, Ch. 201, L. 1995; amd. Sec. 27, Ch. 343, L. 1997; amd. Sec. 33, Ch. 585, L. 2001.
MT Code § 40-4-227 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-227. Rights of parents and children -- policy -- findings

  40-4-227. Rights of parents and children -- policy -- findings. (1) It is the policy of the state of Montana:   (a) to recognize the constitutionally protected rights of parents and the integrity of the family unit;   (b) to recognize a child's constitutionally protected rights, including all fundamental rights unless those rights are specifically precluded by laws that enhance their protection; and   (c) to ensure that the best interests of the child are met in parenting proceedings.   (2) The legislature finds:   (a) that while it is in the best interests of a child to maintain a relationship with a natural parent, a natural parent's inchoate interest in the child requires constitutional protection only when the parent has demonstrated a timely commitment to the responsibilities of parenthood; and   (b) that a parent's constitutionally protected interest in the parental control of a child should yield to the best interests of the child when the parent's conduct is contrary to the child-parent relationship.   History: En. Sec. 3, Ch. 414, L. 1999.
MT Code § 40-4-228 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-228. Parenting and visitation matters between natural parent and third party

  40-4-228. Parenting and visitation matters between natural parent and third party. (1) In cases when a nonparent seeks a parental interest in a child under 40-4-211 or visitation with a child, the provisions of this chapter apply unless a separate action is pending under Title 41, chapter 3.   (2) A court may award a parental interest to a person other than a natural parent when it is shown by clear and convincing evidence that:   (a) the natural parent has engaged in conduct that is contrary to the child-parent relationship; and   (b) the nonparent has established with the child a child-parent relationship, as defined in 40-4-211, and it is in the best interests of the child to continue that relationship.   (3) For purposes of an award of visitation rights under this section, a court may order visitation based on the best interests of the child.   (4) For purposes of this section, voluntarily permitting a child to remain continuously in the care of others for a significant period of time so that the others stand in loco parentis to the child is conduct that is contrary to the parent-child relationship.   (5) It is not necessary for the court to find a natural parent unfit before awarding a parental interest to a third party under this section.   (6) If the parent receives military service orders that involve moving a substantial distance from the parent's residence or otherwise have a material effect on the parent's ability to parent the child for the period the parent is called to military service, as defined in 10-1-1003, the court may grant visitation rights to a family member of the parent with a close and substantial relationship to the minor child during the parent's absence if granting visitation rights is in the best interests of the child as determined by 40-4-212.   History: En. Sec. 4, Ch. 414, L. 1999; amd. Sec. 4, Ch. 356, L. 2009.
MT Code § 40-4-229 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-229. through 40-4-232 reserved

  40-4-229 through 40-4-232 reserved.
MT Code § 40-4-233 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-233. Final parenting plan -- purpose and objectives

  40-4-233. Final parenting plan -- purpose and objectives. The objectives of a final parenting plan are to:   (1) protect the best interest of the child, consistent with 40-4-212;   (2) provide for the physical care of the child;   (3) maintain the child's emotional stability and minimize the child's exposure to parental conflict;   (4) provide for the child's changing needs as the child grows and matures, in a way that minimizes the need for future amendment to the final parenting plan;   (5) set forth the authority and responsibilities of each parent with respect to the child, consistent with the criteria in 40-4-234; and   (6) encourage the parents, when appropriate under 40-4-234, to meet their responsibilities to their minor children through agreements in the parenting plan rather than through judicial intervention.   History: En. Sec. 19, Ch. 343, L. 1997.
MT Code § 40-4-235 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-235. through 40-4-250 reserved

  40-4-235 through 40-4-250 reserved.
MT Code § 40-4-251 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-251. Definitions

  40-4-251. Definitions. As used in 40-4-251 through 40-4-258, the following definitions apply:   (1) "Asset" includes but is not limited to any real or personal property of any nature however and whenever acquired, whether the property is tangible or intangible, whether the property is currently existing or contingent, and whether the title is in the name of the husband or wife, or both.   (2) "Default judgment" does not include a stipulated judgment or any judgment pursuant to a marital settlement agreement.   (3) "Earnings and accumulations" includes income from any source.   (4) "Expenses" includes but is not limited to all personal living expenses, but does not include business-related expenses.   (5) "Liability" includes but is not limited to any debt or obligation, however and whenever acquired, whether the debt or obligation is currently existing or contingent or is in the name of the husband or wife, or both.   (6) "Marital estate" includes all assets and liabilities.   History: En. Sec. 1, Ch. 326, L. 1997.
MT Code § 40-4-252 (2021)
2021 Montana Code Annotated|Title 40. Family Law|Chapter 4. Termination of Marriage, Child Custody, Support|Part 2. Support, Custody, Visitation, and Related Provisions|40-4-252. Preliminary declaration of disclosure -- penalty

  40-4-252. Preliminary declaration of disclosure -- penalty. (1) Within 60 days of service of a petition for dissolution or nullity of marriage or for legal separation of the parties, each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury. The parties may, by written stipulation or by oral stipulation made in open court, agree to waive the exchange of or change the time for exchange of preliminary declarations of disclosure.   (2) The preliminary declaration of disclosure may not be filed with the court, except on the court's order.   (3) The preliminary declaration of disclosure must set forth with sufficient particularity, which a person of reasonable and ordinary intelligence can ascertain, all of the following:   (a) the identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of an asset or liability; and   (b) the declarant's percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant's characterization of each asset or liability.   (4) A declarant may amend the declarant's preliminary declaration of disclosure without permission of the court.   (5) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.   (6) In addition to any other civil or criminal remedy available under law for the commission of perjury, the court may set aside the judgment, or part of the judgment, if the court discovers that a party has committed perjury in the preliminary declaration of disclosure.   History: En. Sec. 2, Ch. 326, L. 1997; amd. Sec. 6, Ch. 545, L. 1999.