Montana Code Annotated
Part 2. Support, Custody, Visitation, and Related Provisions
40-4-228. Parenting and visitation matters between natural parent and third party

40-4-228. Parenting and visitation matters between natural parent and third party. (1) In cases when a nonparent seeks a parental interest in a child under 40-4-211 or visitation with a child, the provisions of this chapter apply unless a separate action is pending under Title 41, chapter 3.
(2) A court may award a parental interest to a person other than a natural parent when it is shown by clear and convincing evidence that:
(a) the natural parent has engaged in conduct that is contrary to the child-parent relationship; and
(b) the nonparent has established with the child a child-parent relationship, as defined in 40-4-211, and it is in the best interests of the child to continue that relationship.
(3) For purposes of an award of visitation rights under this section, a court may order visitation based on the best interests of the child.
(4) For purposes of this section, voluntarily permitting a child to remain continuously in the care of others for a significant period of time so that the others stand in loco parentis to the child is conduct that is contrary to the parent-child relationship.
(5) It is not necessary for the court to find a natural parent unfit before awarding a parental interest to a third party under this section.
(6) If the parent receives military service orders that involve moving a substantial distance from the parent's residence or otherwise have a material effect on the parent's ability to parent the child for the period the parent is called to military service, as defined in 10-1-1003, the court may grant visitation rights to a family member of the parent with a close and substantial relationship to the minor child during the parent's absence if granting visitation rights is in the best interests of the child as determined by 40-4-212.
History: En. Sec. 4, Ch. 414, L. 1999; amd. Sec. 4, Ch. 356, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

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

40-4-203. Maintenance

40-4-204. Child support -- orders to address health insurance -- withholding of child support

40-4-205. Guardian ad litem

40-4-206. Payment of maintenance or support to court -- handling fee of clerk

40-4-207. Assignments

40-4-208. Modification and termination of provisions for maintenance, support, and property disposition

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

40-4-214. Interviews

40-4-215. Investigations and reports

40-4-216. Hearings

40-4-217. Notice of intent to move

40-4-218. Judicial supervision

40-4-219. Amendment of parenting plan -- mediation

40-4-220. Affidavit practice

40-4-221. Determination of child's care upon death of parent

40-4-222. Repealed

40-4-223. Repealed

40-4-224. Repealed

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

40-4-251. Definitions

40-4-252. Preliminary declaration of disclosure -- penalty

40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty

40-4-254. Execution and service of final declaration of disclosure and current income and expense declaration

40-4-255. Noncomplying disclosure declarations -- requests to comply -- remedies

40-4-256. Liquidation -- transfer of marital estate assets to avoid encumbrance, devaluation, or market or investment risk -- authority of court

40-4-257. Default judgments -- disclosures

40-4-258. Disclosures -- attorney work product privilege -- protective orders -- Montana Rules of Civil Procedure