Montana Statutes

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

Montana·Title 40 FAMILY LAW·Ch. 6 PARENT AND CHILD·Part 4 Montana Safe Haven Newborn Protection Act

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
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