40-6-233. Remedy for parental abuse. The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child or by its relative within the third degree or by the county commissioners of the county where the child resides. When the abuse is established, the child may be freed from the dominion of the parent and the duty of support and education enforced. A parent or guardian of a child has the right to give the child medicine prescribed for the child, and exercise of the right is not an abuse of parental authority.
History: En. Sec. 290, Civ. C. 1895; re-en. Sec. 3748, Rev. C. 1907; re-en. Sec. 5840, R.C.M. 1921; Cal. Civ. C. Sec. 203; Based on Field Civ. C. Sec. 94; re-en. Sec. 5840, R.C.M. 1935; R.C.M. 1947, 61-111; amd. Sec. 1, Ch. 528, L. 1995.
Structure Montana Code Annotated
Part 2. Obligations of Parents
40-6-201. Legitimacy of children born in wedlock
40-6-202. Legitimacy of children born after dissolution of marriage
40-6-203. Child legitimatized by marriage of parents
40-6-204. through 40-6-210 reserved
40-6-211. Obligations of parents for the support and education of their children
40-6-213. Remedy when parent dies without providing for support of child
40-6-214. Duties of parents to maintain children
40-6-215. When parent responsible for necessities and financial assistance supplied to child
40-6-217. Married person not bound for support of spouse's children by former marriage
40-6-218. Compensation and support of person after attaining majority
40-6-219. and 40-6-220 reserved
40-6-221. Parenting, services, and earnings of child
40-6-225. through 40-6-230 reserved
40-6-232. Parental control over property of child
40-6-233. Remedy for parental abuse
40-6-234. When parental authority ceases
40-6-235. Parent may relinquish services and custody of child
40-6-237. Destruction of property by minor -- liability of parents