Montana Code 40-6-413. Custody action — order
Current as of: 2023 | Check for updates
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40-6-413. (Temporary) Custody action — order. Based on the court‘s finding of the newborn‘s best interest under 40-6-412, the court may issue an order:
Terms Used In Montana Code 40-6-413
- Court: means a court of record in a competent jurisdiction and, in Montana, means a district court or a tribal court. See Montana Code 40-6-402
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-6-402
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
(1)granting legal or physical custody, or both, of the newborn to the parent and either retaining or relinquishing jurisdiction; or
(2)denying custody of the newborn to the parent and referring the matter to the department or county attorney for proceedings under Title 41, chapter 3, and, if applicable, the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13. (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)