40-4-216. Hearings. (1) Parenting plan proceedings must receive priority in being set for hearing.
(2) Upon motion of a parent who has received military service orders, the court shall, for good cause shown, hold an expedited hearing in parenting or visitation matters instituted under 40-4-228(6) if the military service, as defined in 10-1-1003, of the parent has a material effect on the parent's ability or anticipated ability to appear in person at a hearing scheduled in an unexpedited manner.
(3) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court considers necessary to determine the best interest of the child.
(4) The court, without a jury, shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a parenting hearing but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.
(5) If the court finds it necessary that the record of any interview, report, investigation, or testimony in a parenting proceeding be kept secret to protect the child's welfare, the court may make an appropriate order sealing the record.
History: En. 48-336 by Sec. 36, Ch. 536, L. 1975; R.C.M. 1947, 48-336; amd. Sec. 21, Ch. 343, L. 1997; amd. Sec. 2, Ch. 356, L. 2009.
Structure Montana Code Annotated
Chapter 4. Termination of Marriage, Child Custody, Support
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-201. Separation agreement
40-4-202. Division of property
40-4-204. Child support -- orders to address health insurance -- withholding of child support
40-4-206. Payment of maintenance or support to court -- handling fee of clerk
40-4-209. Security or guaranty to secure support
40-4-210. Child support jurisdiction -- nonresident individual
40-4-211. Jurisdiction -- commencement of parenting proceedings
40-4-212. Best interest of child
40-4-213. Interim parenting plan
40-4-215. Investigations and reports
40-4-217. Notice of intent to move
40-4-218. Judicial supervision
40-4-219. Amendment of parenting plan -- mediation
40-4-221. Determination of child's care upon death of parent
40-4-225. Access to records by parent
40-4-226. Court-sanctioned educational program on effects of dissolution of marriage on children
40-4-227. Rights of parents and children -- policy -- findings
40-4-228. Parenting and visitation matters between natural parent and third party
40-4-229. through 40-4-232 reserved
40-4-233. Final parenting plan -- purpose and objectives
40-4-234. Final parenting plan criteria
40-4-235. through 40-4-250 reserved
40-4-252. Preliminary declaration of disclosure -- penalty
40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies