{"data":{"id":"us-mt/40-7-201","jurisdiction":"us-mt","citation":"40-7-201","heading":"Initial child custody jurisdiction.","body":"(1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction to make an initial child custody determination only if:\n(a) this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;\n(b) a court of another state does not have jurisdiction under subsection (1)(a), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under 40-7-108 or 40-7-109, and:\n(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and\n(ii) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;\n(c) all courts having jurisdiction under subsection (1)(a) or (1)(b) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under 40-7-108 or 40-7-109; or\n(d) no state would have jurisdiction under subsection (1)(a), (1)(b), or (1)(c).\n(2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.\n(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.","path":["TITLE 40. FAMILY LAW","CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT","Part 2. Jurisdiction"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0070/part_0020/section_0010/0400-0070-0020-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:01Z","sha256":"e9d5ee725441bfc3f235a4a05fe6f2f159552b2735f16868ddb60ae49b36861b","source_id":"us-mt","stale":false,"prev":"us-mt/40-7-140","next":"us-mt/40-7-202"},"notice":"GroundRules: Original legal text. Not legal advice."}