40-4-227. Rights of parents and children — policy — findings. (1) It is the policy of the state of Montana:

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Terms Used In Montana Code 40-4-227

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)to recognize the constitutionally protected rights of parents and the integrity of the family unit;

(b)to recognize a child’s constitutionally protected rights, including all fundamental rights unless those rights are specifically precluded by laws that enhance their protection; and

(c)to ensure that the best interests of the child are met in parenting proceedings.

(2)The legislature finds:

(a)that while it is in the best interests of a child to maintain a relationship with a natural parent, a natural parent’s inchoate interest in the child requires constitutional protection only when the parent has demonstrated a timely commitment to the responsibilities of parenthood; and

(b)that a parent’s constitutionally protected interest in the parental control of a child should yield to the best interests of the child when the parent’s conduct is contrary to the child-parent relationship.