{"data":{"id":"us-mt/40-4-221","jurisdiction":"us-mt","citation":"40-4-221","heading":"Determination of child's care upon death of parent.","body":"(1) Upon the death of a parent, one or more parties named in subsection (2) may request a parenting plan hearing. The surviving parent must be a party in any proceeding brought under this section.\n(2) Upon the death of a parent, any of the following parties may request a parenting plan hearing:\n(a) the natural parent;\n(b) the surviving spouse of the deceased parent;\n(c) a person nominated by the will of the deceased parent;\n(d) any person nominated by the child if the child is at least 12 years old;\n(e) any other person if that person has actual physical control over the child;\n(f) a person who has established with the child a child-parent relationship, as defined in 40-4-211;\n(g) any other party whom, upon showing of good cause, the court permits to intervene as an interested party.\n(3) The hearing and determination of a parenting plan is governed by this part.","path":["TITLE 40. FAMILY LAW","CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT","Part 2. Support, Custody, Visitation, and Related Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0210/0400-0040-0020-0210.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:54:50Z","sha256":"d7041c72046720d154ef0fadc85cbd69692aa35ebf572e746a53d5f53755cf7d","source_id":"us-mt","stale":false,"prev":"us-mt/40-4-220","next":"us-mt/40-4-222"},"notice":"GroundRules: Original legal text. Not legal advice."}