40-7-106. Notice to persons outside state. (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for the service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication, if other means are ineffective.

Terms Used In Montana Code 40-7-106

  • Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Montana Code 40-7-103
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a government, a governmental subdivision, an agency, an instrumentality, or any other legal or commercial entity. See Montana Code 40-7-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-7-103

(2)Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.

(3)Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.