Montana § 40-6-411 Rights Of Parents -- Custody Action

Montana Statutes

§ 40-6-411 — Rights Of Parents -- Custody Action

Montana § 40-6-411

Title 40FAMILY LAW

Ch. 6PARENT AND CHILD

Part 4Montana Safe Haven Newborn Protection Act

This text of Montana § 40-6-411 (Rights Of Parents -- Custody Action) 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. § 40-6-411 (2026).

Text

40-6-411 . Rights of parents -- custody action.

(1)Any person alleging to be the biological parent of a newborn who was surrendered to an emergency services provider under 40-6-405 may, within 60 days of the date of surrender of the newborn, file an action with the court for custody pursuant to 40-4-211 .

(2)Before making a custody decision, the court shall determine whether the individual filing the custody action is the newborn's biological parent under the provisions of part 1 of this chapter. A determination of the existence or nonexistence of the child-parent relationship is determinative as provided in 40-6-116 .

(3)The putative father registry provisions under Title 42, chapter 2, part 2, apply to any court proceeding under this part.

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40-6-411 . Rights of parents -- custody action. (1) Any person alleging to be the biological parent of a newborn who was surrendered to an emergency services provider under 40-6-405 may, within 60 days of the date of surrender of the newborn, file an action with the court for custody pursuant to 40-4-211 .
(2) Before making a custody decision, the court shall determine whether the individual filing the custody action is the newborn's biological parent under the provisions of part 1 of this chapter. A determination of the existence or nonexistence of the child-parent relationship is determinative as provided in 40-6-116 .
(3) The putative father registry provisions under Title 42, chapter 2, part 2, apply to any court proceeding under this part.