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Montana · Through Montana Code Annotated 2025

40-6-411: Rights of parents -- custody action.

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Where this section sits in the code
  1. TITLE 40. FAMILY LAW
  2. CHAPTER 6. PARENT AND CHILD
  3. Part 4. Montana Safe Haven Newborn Protection Act

(1) Any person alleging to be the biological parent of a newborn who was surrendered to an emergency services provider under 40-6-405 may, within 60 days of the date of surrender of the newborn, file an action with the court for custody pursuant to 40-4-211.

(2) Before making a custody decision, the court shall determine whether the individual filing the custody action is the newborn's biological parent under the provisions of part 1 of this chapter. A determination of the existence or nonexistence of the child-parent relationship is determinative as provided in 40-6-116.

(3) The putative father registry provisions under Title 42, chapter 2, part 2, apply to any court proceeding under this part.

Collected 2026-09-14T04:55:00Z. Source file · JSON

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