Montana Statutes
§ 40-6-411 — Rights Of Parents -- Custody Action
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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Legislative History
En. Sec. 8, Ch. 277, L. 2001.
Nearby Sections
15
§ 40-6-1003
Service By Publication -- Summons -- Form§ 40-6-101
Short Title§ 40-6-102
Definitions§ 40-6-103
Relationship Not Dependent On Marriage§ 40-6-105
Presumption Of Paternity§ 40-6-106
Artificial Insemination§ 40-6-108
Statute Of Limitations§ 40-6-109
Jurisdiction -- Venue§ 40-6-110
Parties§ 40-6-111
Pretrial Proceedings§ 40-6-112
Paternity Tests