2020 Montana Code Annotated
Title 40. Family Law
Chapter 6. Parent and Child
Part 4. Montana Safe Haven Newborn Protection Act
40-6-411. Rights of parents -- custody action

Universal Citation: MT Code § 40-6-411 (2020)

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

History: En. Sec. 8, Ch. 277, L. 2001.

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