Montana Code 40-6-411. Rights of parents — custody action
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.
Terms Used In Montana Code 40-6-411
- Court: means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court. See Montana Code 40-6-402
- Emergency services provider: means :
(a)a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or
(b)any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable. See Montana Code 40-6-402
- Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Surrender: means to leave a newborn with an emergency services provider without expressing an intent to return for the newborn. See Montana Code 40-6-402
(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.