Montana Code 40-7-305. Registration of child custody determination
40-7-305. Registration of child custody determination. (1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to district court in this state:
Terms Used In Montana Code 40-7-305
- 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
- Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. 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
- Person acting as a parent: means a person, other than a parent, who:
(a)has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and
(b)has been awarded legal custody by a court or claims a right to legal custody under the law of this state. See Montana Code 40-7-103
- 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 letter or other document requesting registration;
(b)two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration, the order has not been modified; and
(c)the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.
(2)On receipt of the documents required by subsection (1), the registering court shall:
(a)cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(b)serve notice upon the persons named pursuant to subsection (1)(c) and provide them with an opportunity to contest the registration in accordance with this section.
(3)The notice required by subsection (2)(b) must state that:
(a)a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(b)a hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and
(c)failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(4)A person seeking to contest the validity of a registered order shall request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(a)the issuing court did not have jurisdiction under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter;
(b)the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under 40-7-105, 40-7-107 through 40-7-110, 40-7-112, and part 2 of this chapter; or
(c)the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of 40-7-106, in the proceedings before the court that issued the order for which registration is sought.
(5)If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(6)Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.