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 § 40-4-221

Title 40FAMILY LAW

Ch. 4TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 2Support, Custody, Visitation, and Related Provisions

This text of Montana § 40-4-221 (Determination Of Child's Care Upon Death Of Parent) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-4-221 (2026).

Text

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.