Table of Contents
TITLE 40. FAMILY LAW
CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT
Part 2. Support, Custody, Visitation, and Related Provisions
Current Version 2025, 2023, 2021, 2019, 2015, 2013, 2011, 2009, 2007, 2005, 2003, 2001, 1999, 1997, 1995
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40-4-201
40-4-202
40-4-203
40-4-204
40-4-205
40-4-206
40-4-207
40-4-208
40-4-209
40-4-210
40-4-211
40-4-212
40-4-213
40-4-214
40-4-215
40-4-216
40-4-217
40-4-218
40-4-219
40-4-220
40-4-221
40-4-225
40-4-226
40-4-227
40-4-228
40-4-233
40-4-234
40-4-235
40-4-251
40-4-252
40-4-253
40-4-254
40-4-255
40-4-256
40-4-257
40-4-258
Mont. Code Ann. § 40-4-221

Determination of child's care upon death of parent

(1) Upon the death of a parent, one or more parties named in subsection (2) may request a parenting plan hearing. The surviving parent must be a party in any proceeding brought under this section.

(2) Upon the death of a parent, any of the following parties may request a parenting plan hearing:

(a) the natural parent;

(b) the surviving spouse of the deceased parent;

(c) a person nominated by the will of the deceased parent;

(d) any person nominated by the child if the child is at least 12 years old;

(e) any other person if that person has actual physical control over the child;

(f) a person who has established with the child a child-parent relationship, as defined in 40-4-211;

(g) any other party whom, upon showing of good cause, the court permits to intervene as an interested party.

(3) The hearing and determination of a parenting plan is governed by this part.

Official Annotations
History:
En. Secs. 1, 2, 3, Ch. 127, L. 1979
Amd. Sec. 25, Ch. 343, L. 1997
Amd. Sec. 2, Ch. 414, L. 1999 (SB 486 - Halligan, Mike (D) SD 34)
Source