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Montana · Through Montana Code Annotated 2025

40-4-227: Rights of parents and children -- policy -- findings.

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Where this section sits in the code
  1. TITLE 40. FAMILY LAW
  2. CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT
  3. Part 2. Support, Custody, Visitation, and Related Provisions

(1) It is the policy of the state of Montana:

(a) to recognize the constitutionally protected rights of parents and the integrity of the family unit;

(b) to recognize a child's constitutionally protected rights, including all fundamental rights unless those rights are specifically precluded by laws that enhance their protection; and

(c) to ensure that the best interests of the child are met in parenting proceedings.

(2) The legislature finds:

(a) that while it is in the best interests of a child to maintain a relationship with a natural parent, a natural parent's inchoate interest in the child requires constitutional protection only when the parent has demonstrated a timely commitment to the responsibilities of parenthood; and

(b) that a parent's constitutionally protected interest in the parental control of a child should yield to the best interests of the child when the parent's conduct is contrary to the child-parent relationship.

Collected 2026-09-14T04:54:50Z. Source file · JSON

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