Montana Code 40-7-304. Temporary visitation
40-7-304. Temporary visitation. (1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
Terms Used In Montana Code 40-7-304
- Child: means an individual who has not attained 18 years of age. See Montana Code 40-7-103
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Montana Code 40-7-103
- 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.
- 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
(a)a visitation schedule made by a court of another state; or
(b)the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(2)If a court of this state makes an order under subsection (1)(b), it shall specify in the order a period of time that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.