Montana § 40-6-708 Construction

Montana Statutes

§ 40-6-708 — Construction

Montana § 40-6-708

Title 40FAMILY LAW

Ch. 6PARENT AND CHILD

Part 7Rights of Parents

This text of Montana § 40-6-708 (Construction) 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. § 40-6-708 (2026).

Text

40-6-708 . Construction.

(1)Unless parental rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those described in 40-6-701 or 40-6-703 . The protections afforded by 40-6-701 and 40-6-703 are in addition to the protections provided under federal law, other state laws, the United States constitution, and the Montana constitution.

(2)Sections 40-6-701 and 40-6-703 must be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.

(3)Nothing in 40-6-701 or 40-6-703 may be construed to authorize a governmental entity to burden the fundamental right of parents to direct the upbringing, education, health care, and mental heal

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40-6-708 . Construction. (1) Unless parental rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those described in 40-6-701 or 40-6-703 . The protections afforded by 40-6-701 and 40-6-703 are in addition to the protections provided under federal law, other state laws, the United States constitution, and the Montana constitution.
(2) Sections 40-6-701 and 40-6-703 must be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(3) Nothing in 40-6-701 or 40-6-703 may be construed to authorize a governmental entity to burden the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(4) If a child has no affirmative right of access to a particular medical or mental health procedure or service, then nothing in 40-6-701 or 40-6-703 may be construed to grant the child's parent an affirmative right of access to the procedure or service on the child's behalf.