Montana Grandparents Visitation Law


Divorce – Grandparents Visitation – Montana

Application of Montana Rules of Civil Procedure.
Except as otherwise provided, the Montana Rules of Civil Procedure apply to all proceedings under this section and 40-9-102.

A proceeding for grandparent-grandchild contact under this section and 40-9-102 must be entitled, “In re the grandparent-grandchild contact of……”

The initial pleading in all proceedings under this section and 40-9-102 must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings must be denominated as provided in the Montana Rules of Civil Procedure.
Title 40, Chap. 9, Part 1, §40-9-101

Grandparent-grandchild contact.
Except as provided in subsection (5), the district court may grant to a grandparent of a child reasonable rights to contact with the child, including but not limited to rights regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title. The department of public health and human services must be given notice of a petition for grandparent-grandchild contact regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title.

Grandparent-grandchild contact granted under this section may be granted only upon a finding by the court, after a hearing, that the contact would be in the best interest of the child.

A person may not petition the court under this section more often than once every 2 years unless there has been a significant change in the circumstances of:

(1) the child;

(2) the child’s parent, guardian, or custodian; or

(3) the child’s grandparent.

The court may appoint an attorney to represent the interests of a child with respect to grandparent-grandchild contact when the interests are not adequately represented by the parties to the proceeding.

This section does not apply if the child has been adopted by a person other than a stepparent or a grandparent. Grandparent-grandchild contact granted under this section terminates upon the adoption of the child by a person other than a stepparent or a grandparent.
Title 40, Chap. 9, Part 1, §40-9-102