40-7-105. Notice -- opportunity to be heard -- joinder. (1) Before a child custody determination is made under this chapter, notice and opportunity to be heard in accordance with the standards of 40-7-106 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the child.
(2) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
History: En. 61-405 by Sec. 5, Ch. 537, L. 1977; R.C.M. 1947, 61-405; amd. Sec. 5, Ch. 91, L. 1999.
Structure Montana Code Annotated
Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act
40-7-105. Notice -- opportunity to be heard -- joinder
40-7-106. Notice to persons outside state
40-7-107. Simultaneous proceedings
40-7-109. Jurisdiction declined by reason of conduct
40-7-110. Information to be submitted to court
40-7-112. Appearance of parties and child
40-7-119. Taking testimony in another state
40-7-126. through 40-7-133 reserved
40-7-134. Proceedings governed by other law
40-7-135. Application to Indian tribes
40-7-136. International application
40-7-137. Binding force of child custody determination
40-7-138. Appearance and limited immunity
40-7-139. Communication between courts
40-7-140. Cooperation between courts -- preservation of records