Section 40-6-110 – Parties

by | May 13, 2021 | Family Law, Montana

The child must be made a party to the action. A minor must be represented by the minor’s general guardian or a guardian ad litem appointed by the court. The child’s mother or father may not represent the child as guardian or otherwise. The court may not...

Section 40-6-109 – Jurisdiction – venue

by | May 13, 2021 | Family Law, Montana

(1) The district court has jurisdiction of an action brought under this part. The action may be joined with an action for dissolution, annulment, separate maintenance, support, or adoption.(2) For purposes of an action brought under this part, personal jurisdiction is...

Section 40-6-108 – Statute of limitations

by | May 13, 2021 | Family Law, Montana

(1) An action may be commenced at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under 40-6-105(1)(a), (1)(b), or (1)(c).(2) After the presumption has been rebutted, paternity of the child by another...

Section 40-6-106 – Artificial insemination

by | May 13, 2021 | Family Law, Montana

(1) If, under the supervision of a licensed physician and with the consent of the woman’s husband, a wife is inseminated artificially with semen donated by a person who is not the husband, the husband is treated in law as if the husband were the natural father...

Section 40-6-105 – Presumption of paternity

by | May 13, 2021 | Family Law, Montana

(1) A person is presumed to be the natural father of a child if any of the following occur: (a) the person and the child’s natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is...