reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-203. Maintenance

40-4-203. Maintenance.
(1) In a proceeding for dissolution of marriage or legal separation or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
(a) lacks sufficient property to provide for the spouse's reasonable needs; and
(b) is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
(2) The maintenance order must be in amounts and for periods of time that the court considers just, without regard to marital misconduct, and after considering all relevant facts, including:
(a) the financial resources of the party seeking maintenance, including marital property apportioned to that party, and the party's ability to meet the party's needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(c) the standard of living established during the marriage;
(d) the duration of the marriage;
(e) the age and the physical and emotional condition of the spouse seeking maintenance; and
(f) the ability of the spouse from whom maintenance is sought to meet the spouse's own needs while meeting those of the spouse seeking maintenance.
(3) The court shall seal any qualified domestic relations order, as defined in section 414(p) of the Internal Revenue Code, 26 U.S.C. 414(p), that is issued under this part except for access by the pension plan administrator of the plan for which benefits are being distributed by the order, the child support enforcement division, the parties, and each party's counsel of record.
History: En. 48-322 by Sec. 22, Ch. 536, L. 1975; R.C.M. 1947, 48-322; amd. Sec. 1578, Ch. 56, L. 2009; amd. Sec. 5, Ch. 88, L. 2013.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-205. Guardian ad litem

40-4-205. Guardian ad litem.
(1) The court may appoint a guardian ad litem to represent the interests of a minor dependent child with respect to the child's support, parenting, and parental contact. The guardian ad litem may be an attorney. The county attorney, a deputy county attorney, if any, or the department of public health and human services or any of its staff may not be appointed for this purpose.
(2) The guardian ad litem has the following general duties:
(a) to conduct investigations that the guardian ad litem considers necessary to ascertain the facts related to the child's support, parenting, and parental contact;
(b) to interview or observe the child who is the subject of the proceeding;
(c) to make written reports to the court concerning the child's support, parenting, and parental contact;
(d) to appear and participate in all proceedings to the degree necessary to adequately represent the child and make recommendations to the court concerning the child's support, parenting, and parental contact; and
(e) to perform other duties as directed by the court.
(3) The guardian ad litem has access to court, medical, psychological, law enforcement, social services, and school records pertaining to the child and the child's siblings and parents or caretakers.
(4) The court shall enter an order for costs and fees in favor of the child's guardian ad litem. The order must be made against either or both parents, except that if the responsible party is indigent, the costs must be waived.
(5) The guardian ad litem shall mail the report to counsel and to any party not represented by counsel at least 10 days prior to the hearing.
History: En. 48-324 by Sec. 24, Ch. 536, L. 1975; R.C.M. 1947, 48-324; amd. Sec. 1, Ch. 93, L. 1979; amd. Sec. 1, Ch. 434, L. 1993; amd. Sec. 4, Ch. 394, L. 1995; amd. Sec. 119, Ch. 546, L. 1995; amd. Sec. 13, Ch. 343, L. 1997; amd. Sec. 7, Ch. 88, L. 2013.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-206. Payment of maintenance or support to court -- handling fee of clerk

40-4-206. Payment of maintenance or support to court -- handling fee of clerk.
(1) Except as provided in subsection (4), upon its own motion or upon motion of either party, the court may order at any time that maintenance or support payments be made to the clerk of the district court as trustee for remittance to the person entitled to receive the payments.
(2) The clerk of the district court shall maintain records of payments received by the clerk listing the amount of payments, the date payments are required to be made, and the names and addresses of the parties affected by the order. The clerk may charge the payor a handling fee of $2 a payment, which must be in addition to the payment. Any handling fee collected by the clerk under this subsection must be paid into the county general fund unless the county has a district court fund. If the county has a district court fund, the amount must be paid into that fund.
(3) The parties affected by the order shall inform the clerk of the district court of any change of address or of other condition that may affect the administration of the order.
(4) When the department of public health and human services is providing services under Title IV-D of the Social Security Act or when income withholding is in effect in an order issued or modified after October 1, 1998, payment of support must be made through the department for distribution to the person, organization, or agency entitled to the payment.
History: En. 48-325 by Sec. 25, Ch. 536, L. 1975; R.C.M. 1947, 48-325; amd. Sec. 1, Ch. 532, L. 1985; amd. Sec. 26, Ch. 552, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-207. Assignments

40-4-207. Assignments.
The court may order the person obligated to pay support or maintenance to make an assignment of a part of the person's periodic earnings or trust income to the person entitled to receive the payments. The assignment is binding on the employer, trustee, or other payor of the funds 2 weeks after service upon the payor of notice that the assignment has been made. The payor shall withhold from the earnings or trust income payable to the person obligated to support the amount specified in the assignment and shall transmit the payments to the person specified in the order. The payor may deduct from each payment a sum not exceeding $1 as reimbursement for costs. An employer may not discharge or otherwise discipline an employee as a result of a wage or salary assignment authorized by this section.
History: En. 48-326 by Sec. 26, Ch. 536, L. 1975; R.C.M. 1947, 48-326; amd. Sec. 1579, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-209. Security or guaranty to secure support

40-4-209. Security or guaranty to secure support.
(1) Upon a verified application that is made by a person authorized to enforce or collect a child support obligation or by the department of public health and human services and that shows that a person obligated to pay child support or maintenance pursuant to court or administrative order is delinquent in an amount equal to the total of 6 months' support payments, the court may direct the obligated person to appear and show cause why an order should not be entered ordering that the obligated person post bond, give a mortgage, or provide other security or guaranty for the payment of the delinquency.
(2) If the court finds that a delinquency greater than the total of 6 months of support is owed and that the obligated person has the ability to post bond, give a mortgage, or provide security or other guaranty, the court may enter an order requiring the obligated person to post bond, give a mortgage, or provide security or guaranty for so long as there is a support delinquency.
(3) The bond or other security may be in an amount up to the total support due for a 2-year period and must be approved by the court. The bond must include the name and address of the issuer. Any person issuing a bond under this section must, if the bond is canceled, notify the court and the person or public agency entitled to receive payments under the support order.
(4) If the person obligated to pay child support or maintenance fails to make payments as required by the court or administrative order, the person or public agency entitled to receive payment may recover on the bond or other security. The amount recovered on the bond or other security must first be applied toward satisfaction of any support arrearages.
(5) The department of public health and human services shall adopt guidelines that take into account the payment record of the obligated person, the availability of other remedies, and other considerations which it determines relevant for determining whether the procedure provided in this section would carry out the purpose of enforcing payments of child support or would be appropriate in the circumstances. If after application of the guidelines the department of public health and human services determines an application for an order requiring security is not appropriate, it may not request the order.
History: En. Sec. 1, Ch. 521, L. 1985; amd. Sec. 98, Ch. 370, L. 1987; amd. Sec. 26, Ch. 609, L. 1987; amd. Sec. 20, Ch. 702, L. 1989; amd. Sec. 121, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-210. Child support jurisdiction -- nonresident individual

40-4-210. Child support jurisdiction -- nonresident individual.
(1) In a proceeding to establish or modify a child support order, a district court may acquire personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(a) the individual is personally served with notice 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 has resided with the child within this state;
(d) the child was adopted within this state when at least one parent was a resident;
(e) the individual resided in this state and provided prenatal expenses or support for the child;
(f) the child resides in this state as a result of the acts or directives of the individual;
(g) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of the personal jurisdiction.
(2) A district court shall recognize and, if petitioned to do so, enforce according to its terms a child support order issued by a court or administrative agency of another state if the order was made consistent with the full faith and credit provisions of 28 U.S.C. 1738B.
(3) A district court may not establish a subsequent child support order that conflicts with an existing order entitled to recognition under subsection (2) or, except as provided in subsection (6), modify an existing order entitled to recognition under subsection (2).
(4) In interpreting a child support order issued in another state, including the duration of current payments and other obligations of support, a district court shall apply the law of the issuing state.
(5) In an action to enforce arrears under a child support order issued in another state, a district court shall apply the statute of limitations of this state or of the issuing state, whichever provides the longer period of limitation.
(6) A district court has jurisdiction to modify a child support order issued by a court or administrative agency of another state only after meeting the requirements of 40-5-1065, 40-5-1067, and 40-5-1068 and the standards for modification of interstate support orders set out in 28 U.S.C. 1738B.
History: En. Sec. 1, Ch. 459, L. 1989; amd. Sec. 52, Ch. 328, L. 1993; amd. Sec. 1, Ch. 579, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-213. Interim parenting plan

40-4-213. Interim parenting plan.
(1) A party to a parenting proceeding may move for an interim parenting plan. The motion must be supported by an affidavit as provided in 40-4-220(1). The court may adopt an interim parenting plan under the standards of 40-4-212 after a hearing or under the standards of 40-4-212 and 40-4-220(2) before a hearing. If there is no objection, the court may act solely on the basis of the affidavits.
(2) If a proceeding for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated unless a parent moves that the proceeding continue as a parenting proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a parenting plan be adopted. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
(3) If a parenting proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any interim parenting plan is vacated. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
(4) Adoption of a final parenting plan under 40-4-234 vacates any interim parenting plan adopted under this section. A child support delinquency existing at the time that an interim parenting plan is vacated remains a judgment subject to collection.
History: En. 48-333 by Sec. 33, Ch. 536, L. 1975; amd. Sec. 12, Ch. 33, L. 1977; R.C.M. 1947, 48-333; amd. Sec. 1, Ch. 410, L. 1979; amd. Sec. 16, Ch. 343, L. 1997.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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. Vaccination status prohibited as evidence or grounds for decision

40-4-235. Vaccination status prohibited as evidence or grounds for decision.
A court may not:
(1) admit into evidence in any proceeding under this part the vaccination status of a parent or a minor child; or
(2) consider a person's vaccination status in making any order related to child support, child custody, visitation, or parental rights.
History: En. Sec. 1, Ch. 286, L. 2023.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty

40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty.
(1) (a) Each party shall serve on the other party a final declaration of disclosure and a current income and expense declaration, executed under penalty of perjury:
(i) before or at the time that the parties enter into an agreement for the resolution of property or support issues, other than pendente lite support; or
(ii) in the event that the case goes to trial, no later than 45 days before the first assigned trial date.
(b) The parties may, by written stipulation or by oral stipulation made in open court, agree to change the time for exchange of final declarations of disclosure.
(2) The final declaration of disclosure must include all material facts and information regarding the:
(a) characterization of all assets and liabilities;
(b) valuation of all assets that are contended to be marital or for which it is contended that the marital estate has an interest;
(c) amounts of all obligations that are contended to be marital obligations or for which it is contended that the marital estate has liability; and
(d) expenses and earnings and accumulations of each party that have been set forth in the income and expense declaration.
(3) Along with the final declaration of disclosure, each party shall serve on the other party an updated income and expense declaration unless a current income and expense declaration is on file.
(4) The failure of a party to disclose an asset or liability on the final declaration of disclosure is presumed to be grounds for the court, without taking into account the equitable division of the marital estate, to award the undisclosed asset to the opposing party or the undisclosed liability to the noncomplying party.
(5) 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, within 5 years from the date of entry of judgment, that a party has committed perjury in the final declaration of disclosure.
History: En. Sec. 3, Ch. 326, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration

40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration.
Absent good cause, the court may not enter a judgment with respect to the parties' property rights unless each party has executed and served a copy of the final declaration of disclosure and current income and expense declaration. Each party shall execute and file with the court a declaration signed under penalty of perjury stating that service of the final declaration of disclosure and current income and expense declaration was made on the other party.
History: En. Sec. 4, Ch. 326, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies

40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies.
(1) A party who has served on the other party a preliminary declaration of disclosure under 40-4-252 or a final declaration of disclosure under 40-4-253 and who has provided the information required in the declarations with sufficient particularity may, within a reasonable time, request from a noncomplying party preparation of the appropriate declaration of disclosure or further particularity in a declaration.
(2) If a noncomplying party fails to comply with a request under subsection (1), the complying party may file either or both of the following:
(a) a motion to compel a further response;
(b) a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure.
(3) If a party fails to comply with any provision of 40-4-251 through 40-4-258, the court shall, in addition to any other remedy provided by law, order the noncomplying party to pay to the complying party any reasonable attorney fees or costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
History: En. Sec. 5, Ch. 326, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-256. Liquidation -- transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk -- authority of court

40-4-256. Liquidation -- transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk -- authority of court.
(1) Except as provided in subsection (2), at any time during the proceedings, the court may, upon application of a party and for good cause and after consideration of the relative nature, scope, and extent of the marital estate, order the liquidation or transfer of title of marital estate assets to avoid unreasonable encumbrance, devaluation, or market or investment risk.
(2) The court may not grant an application under subsection (1) unless the appropriate declaration of disclosure has been served on the opposing party by the moving party as provided in 40-4-252 through 40-4-254.
History: En. Sec. 6, Ch. 326, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-257. Default judgments -- disclosures

40-4-257. Default judgments -- disclosures.
In the case of a default judgment, a petitioner may waive the final disclosure requirements of 40-4-253 and 40-4-254. However, the petitioner shall comply with the preliminary declaration of disclosure requirements of 40-4-252.
History: En. Sec. 7, Ch. 326, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 2. Support, Custody, Visitation, and Related Provisions › 40-4-258. Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure

40-4-258. Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure.
A disclosure required by 40-4-252 through 40-4-254 does not abrogate the attorney work product privilege or the formal discovery procedures provided by the Montana Rules of Civil Procedure or does not impede the power of the court to issue protective orders.
History: En. Sec. 8, Ch. 326, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 3. Family Law Mediation › 40-4-301. Family law mediation -- exception

40-4-301. Family law mediation -- exception.
(1) The district court may at any time consider the advisability of requiring the parties to a proceeding under this chapter to participate in the mediation of the case. Any party may request the court to order mediation. If the parties agree to mediation, the court may require the attendance of the parties or the representatives of the parties with authority to settle the case at the mediation sessions.
(2) Unless each of the parties provides written, informed consent, the court may not authorize or permit continuation of mediated negotiations if the court has reason to suspect that one of the parties or a child of a party has been physically, sexually, or emotionally abused by the other party. A mediation conducted under this subsection may be conducted by a mediator who is trained in mediating domestic violence cases.
(3) The court shall appoint a mediator from the list maintained pursuant to 40-4-306. By agreement of all parties, mediators not on the list may be appointed.
(4) The court may adopt rules to implement this part.
(5) For purposes of this section, "informed consent" means an educated, competent, and voluntary choice to enter into mediation.
History: En. Sec. 1, Ch. 199, L. 1993; amd. Sec. 2, Ch. 350, L. 2013.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 3. Family Law Mediation › 40-4-302. Mediation proceeding -- tolling of statute of limitations

40-4-302. Mediation proceeding -- tolling of statute of limitations.
(1) The purpose of a mediation proceeding is to reduce the acrimony that may exist between the parties and to develop an agreement that is supportive of the best interests of a child involved in the proceeding.
(2) The mediator shall attempt to effect a settlement of the parenting, child support, parental contact with the child, maintenance, or property settlement dispute. The mediator may not use coercive measures to effect the settlement. The mediator may recommend that a party obtain assistance from other resources in the community.
(3) Subject to 40-4-301(1) and except in cases involving domestic violence, the mediator may exclude attorneys from the mediation sessions. The parties' attorneys may confer with the mediator prior to the mediation session and may review and approve any agreement. In cases involving domestic violence, a victim may elect to have advocates and support persons who are not attorneys present during the mediation.
(4) An applicable statute of limitations is tolled as to the participants during the period of mediation. The tolling commences on the date the parties agree in writing to participate in the mediation or when the court orders mediation, whichever is later, and ends on the date the mediation is officially terminated by the mediator.
History: En. Sec. 2, Ch. 199, L. 1993; amd. Sec. 28, Ch. 343, L. 1997; amd. Sec. 3, Ch. 350, L. 2013.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 3. Family Law Mediation › 40-4-303. Proceedings -- records -- confidentiality

40-4-303. Proceedings -- records -- confidentiality.
Mediation proceedings under this part are subject to the confidentiality and privilege provisions of 26-1-813. Mediation proceedings must be conducted in private unless otherwise agreed to in writing by the parties and the mediator. All records of a mediation proceeding are confidential and may not be used in evidence in an action enumerated in 40-4-301. A mediator and the parties to a mediation under this part are entitled to the confidentiality and privilege provisions of 26-1-813.
History: En. Sec. 3, Ch. 199, L. 1993; amd. Sec. 2, Ch. 481, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 4. Termination of Marriage, Child Custody, Support › Part 3. Family Law Mediation › 40-4-304. Mediator recommendation

40-4-304. Mediator recommendation.
The mediator may, upon stipulation by the parties, recommend temporary orders to the court prior to the final decree.
History: En. Sec. 4, Ch. 199, L. 1993.