Section 40-5-1011 – Simultaneous proceedings

May 13, 2021 | Family Law, Montana

(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(a) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(b) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(c) if relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(a) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(b) the contesting party timely challenges the exercise of jurisdiction in this state; and
(c) if relevant, the other state or foreign country is the home state of the child.

ยง 40-5-1011, MCA

Renumbered from 40-5-148 by Laws 2015, Ch. 174,Sec. 71, eff. 7/1/2015.
Amended by Laws 2015, Ch. 174,Sec. 25, eff. 7/1/2015.
En. Sec. 8, Ch. 328, L. 1993.