{"data":{"id":"us-mt/40-4-228","jurisdiction":"us-mt","citation":"40-4-228","heading":"Parenting and visitation matters between natural parent and third party.","body":"(1) In cases when a nonparent seeks a parental interest in a child under 40-4-211 or visitation with a child, the provisions of this chapter apply unless a separate action is pending under Title 41, chapter 3.\n(2) A court may award a parental interest to a person other than a natural parent when it is shown by clear and convincing evidence that:\n(a) the natural parent has engaged in conduct that is contrary to the child-parent relationship; and\n(b) the nonparent has established with the child a child-parent relationship, as defined in 40-4-211, and it is in the best interests of the child to continue that relationship.\n(3) For purposes of an award of visitation rights under this section, a court may order visitation based on the best interests of the child.\n(4) For purposes of this section, voluntarily permitting a child to remain continuously in the care of others for a significant period of time so that the others stand in loco parentis to the child is conduct that is contrary to the parent-child relationship.\n(5) It is not necessary for the court to find a natural parent unfit before awarding a parental interest to a third party under this section.\n(6) If the parent receives military service orders that involve moving a substantial distance from the parent's residence or otherwise have a material effect on the parent's ability to parent the child for the period the parent is called to military service, as defined in 10-1-1003, the court may grant visitation rights to a family member of the parent with a close and substantial relationship to the minor child during the parent's absence if granting visitation rights is in the best interests of the child as determined by 40-4-212.","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_0280/0400-0040-0020-0280.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:54:50Z","sha256":"dd07b9e03849c0da1aba767519b7d47b9680251ea9fb440a9b999e5ca99c0fd9","source_id":"us-mt","stale":false,"prev":"us-mt/40-4-227","next":"us-mt/40-4-229"},"notice":"GroundRules: Original legal text. Not legal advice."}