Section 40-6-116 – Judgment or order

by | May 13, 2021 | Family Law, Montana

(1) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.(2) If the judgment or order of the court is at variance with the child’s birth certificate, the court shall...

Section 40-6-115 – Civil action

by | May 13, 2021 | Family Law, Montana

(1) An action under this part is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Sections 40-6-111(2), 40-6-112, and 40-6-113 apply to all actions brought...

Section 40-6-114 – Pretrial recommendations

by | May 13, 2021 | Family Law, Montana

(1) On the basis of the information produced at the pretrial hearing, the judge or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial...

Section 40-6-112 – Paternity tests

by | May 13, 2021 | Family Law, Montana

(1) The court may, and upon request of a party shall, require the child, mother, or alleged father to submit to paternity tests. The tests shall be performed by an expert qualified as an examiner of blood types, appointed by the court.(2) The court, upon reasonable...

Section 40-6-111 – Pretrial proceedings

by | May 13, 2021 | Family Law, Montana

(1) As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the hearing be held before a referee. The public must be barred from...