Montana § 40-4-221 Determination Of Child's Care Upon Death Of Parent

Montana Statutes

§ 40-4-221 — Determination Of Child's Care Upon Death Of Parent

Montana·Title 40 FAMILY LAW·Ch. 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.

(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 cau

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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.

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