40-4-218. Judicial supervision. (1) Except as otherwise agreed by the parties in writing at the time of the custody decree, the custodian may determine the child's upbringing, including the child's education, health care, and religious training, unless the court after hearing finds, upon motion by the noncustodial parent, that in the absence of a specific limitation of the custodian's authority, the child's physical health would be endangered or the child's emotional development significantly impaired.
(2) If both parents or all contestants agree to the order or if the court finds that in the absence of the order the child's physical health would be endangered or the child's emotional development significantly impaired, the court may order supervised visitation by the noncustodial parent. The court may not order the department of public health and human services to supervise the visitation.
History: En. 48-338 by Sec. 38, Ch. 536, L. 1975; R.C.M. 1947, 48-338; amd. Sec. 12, Ch. 609, L. 1987; amd. Sec. 123, Ch. 546, L. 1995; amd. Sec. 1, Ch. 514, L. 1997.
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