2019 Montana Code Annotated
Title 40. Family Law
Chapter 6. Parent and Child
Part 10. Termination of Parent-Child Legal Relationship -- Sexual Abuse
40-6-1002. Service of process -- service by publication -- effect

Universal Citation: MT Code § 40-6-1002 (2019)

40-6-1002. Service of process -- service by publication -- effect. (1) Except as otherwise provided in this part, service of process must be made as provided in the Montana Rules of Civil Procedure.

(2) If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 40-6-1003. Publication constitutes conclusive evidence of service, and a hearing must then proceed at the time and date set, with or without the appearance of the person served by publication. During or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication.

(3) If the parent cannot be found prior to the hearings allowed by 40-6-1001, the court may grant the petition as filed or may order the person filing the petition to continue to attempt to locate the person whose parental rights are subject to termination through service by publication.

History: En. Sec. 2, Ch. 388, L. 2017; amd. Sec. 25, Ch. 3, L. 2019; Sec. 41-3-802, MCA 2017; redes. 40-6-1002 by Code Commissioner, 2019.

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