Full question:
My husband and I reside in Montana. I have a 4-year-old daughter from my previous marriage and she lives with us. Her father does not show any affection or care to her. He missed many visitation opportunities and has paid only 25-30% of the child support he owes. But the stepfather has established a parent-child relationship with my daughter and is attached to her. Is there any provision in Montana entitling a third person with parental interest?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Montana
Answer:
In Montana, a court may award a parental interest to a person other than a natural parent when it is shown by clear and convincing evidence that the natural parent has engaged in conduct that is contrary to the child-parent relationship, the nonparent has established a child-parent relationship; and it is in the best interest of the child to continue that nonparent relationship. Mont. Code Ann. § 40-4-228 governs the award of a child-parent interest and visitation rights to a third-party nonparent, which reads as follows:“(1) In cases when a nonparent seeks a parental interest in a child under 40-4-211 or visitation with a child, the provisions of this chapter apply unless a separate action is pending under Title 41, chapter 3.
(2) A court may award a parental interest to a person other than a natural parent when it is shown by clear and convincing evidence that:
(a) the natural parent has engaged in conduct that is contrary to the child-parent relationship; and
(b) the nonparent has established with the child a child-parent relationship, as defined in 40-4-211, and it is in the best interests of the child to continue that relationship.
(3) For purposes of an award of visitation rights under this section, a court may order visitation based on the best interests of the child.
(4) For purposes of this section, voluntarily permitting a child to remain continuously in the care of others for a significant period of time so that the others stand in loco parent is to the child is conduct that is contrary to the parent-child relationship.
(5) It is not necessary for the court to find a natural parent unfit before awarding a parental interest to a third party under this section.
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