Montana § 40-4-228 Parenting And Visitation Matters Between Natural Parent And Third Party

Montana Statutes

§ 40-4-228 — Parenting And Visitation Matters Between Natural Parent And Third Party

Montana § 40-4-228

Title 40FAMILY LAW

Ch. 4TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 2Support, Custody, Visitation, and Related Provisions

This text of Montana § 40-4-228 (Parenting And Visitation Matters Between Natural Parent And Third Party) 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. § 40-4-228 (2026).

Text

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

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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 .