Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT · Part 2. Support, Custody, Visitation, and Related Provisions
Montana Code Annotated

Mont. Code Ann. § 40-4-211 (2026)

Jurisdiction -- Commencement Of Parenting Proceedings

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 2
  5. 40-4-211 Jurisdiction -- commencement of parenting proceedings

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

Part 2. Support, Custody, Visitation, and Related Provisions

Jurisdiction -- Commencement Of Parenting Proceedings

40-4-211. Jurisdiction -- commencement of parenting proceedings. (1) A court of this state competent to decide parenting matters has jurisdiction to make a parenting determination by initial or amended decree if:

(a) this state:

(i) is the home state of the child at the time of commencement of the proceedings; or

(ii) had been the child's home state within 6 months before commencement of the proceedings and the child is absent from this state because of the child's removal or retention by any person and a parent or person acting as parent continues to live in this state; or

(b) it is in the best interest of the child that a court of this state assume jurisdiction because:

(i) the child and the parents or the child and at least one contestant have a significant connection with this state; and

(ii) there is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or

(c) the child is physically present in this state and:

(i) has been abandoned, including being surrendered to an emergency services provider as provided in 40-6-405;

(ii) has been with a caretaker relative who has been awarded continuing custody pursuant to 40-6-602; or

(iii) it is necessary in an emergency to protect the child because the child has been subjected to or threatened with mistreatment or abuse or is neglected or dependent; or

(d) (i) no other state has jurisdiction under prerequisites substantially in accordance with subsection (1)(a), (1)(b), or (1)(c) or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine parenting of the child; and

(ii) it is in the child's best interest that the court assume jurisdiction.

(2) Except under subsections (1)(c) and (1)(d), physical presence in this state of the child or of the child and one of the contestants is not alone sufficient to confer jurisdiction on a court of this state to make a parenting determination.

(3) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine parenting of the child.

(4) A parenting plan proceeding is commenced in the district court:

(a) by a parent, by filing a petition:

(i) for dissolution or legal separation;

(ii) for parenting in the county in which the child is permanently resident or found; or

(iii) for custody under 40-6-411; or

(b) by a person other than a parent if the person has established a child-parent relationship with the child, by filing a petition for parenting in the county in which the child resides or is found.

(5) Notice of a parenting proceeding must be given to the child's parent, guardian, caretaker, those persons with whom the child is physically residing, and all other contestants, who may appear, be heard, and file a responsive pleading. The court, upon a showing of good cause, may permit intervention of other interested parties.

(6) For purposes of subsection (4)(b), "child-parent relationship" means a relationship that:

(a) exists or did exist, in whole or in part, preceding the filing of an action under this section, in which a person provides or provided for the physical needs of a child by supplying food, shelter, and clothing and provides or provided the child with necessary care, education, and discipline;

(b) continues or existed on a day-to-day basis through interaction, companionship, interplay, and mutuality that fulfill the child's psychological needs for a parent as well as the child's physical needs; and

(c) meets or met the child's need for continuity of care by providing permanency or stability in residence, schooling, and activities outside of the home.

(7) A custody proceeding under 40-6-411 is commenced in the district court by a parent by filing in one of the following counties:

(a) the county where the newborn is located if the parent knows where the newborn is;

(b) the county where the emergency services provider to whom the newborn was surrendered is located if subsection (7)(a) does not apply; or

(c) the county where the biological parent is located if neither subsection (7)(a) or (7)(b) applies.

History: En. 48-331 by Sec. 31, Ch. 536, L. 1975; amd. Sec. 11, Ch. 33, L. 1977; amd. Sec. 27, Ch. 537, L. 1977; R.C.M. 1947, 48-331; amd. Sec. 14, Ch. 343, L. 1997; amd. Sec. 1, Ch. 414, L. 1999; amd. Sec. 15, Ch. 277, L. 2001; amd. Sec. 1, Ch. 210, L. 2009.

Notes of Decisions
Cited in 87 cases (14 in the last 5 years), 1979–2026 · leading case: Girard v. Williams, 1998 MT 231 (Mont. 1998).
Sort: Relevance Newest Treatment
Girard v. Williams, 1998 MT 231 (Mont. 1998). · cites it 123× “Jurisdictional and procedural matters relating to child custody proceedings under the UMDA are set forth in § 40-4-211, MCA. Under this statute, a custody proceeding may be initiated by a parent filing a petition for dissolution or legal separation which includes a request for a…”
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). · cites it 56× “because Tammy had left the child in the Knopps's exclusive custody. The Knopps could not rely upon the nonparental statutes in seeking custody of J.”
In Re Marriage of Skillen, 1998 MT 43 (Mont. 1998). · cites it 31× “Montana has codified the UCCJA at §§ 40-7-101 to -125, MCA, and incorporates § 3 of the UCCJA at § 40-4-211, MCA, to determine the initial matter of child custody jurisdiction.”
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). · cites it 43× “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
In Re the Marriage of Bolton, 690 P.2d 401 (Mont. 1984). · cites it 39× “raises two issues in her appeal from the District Court order: (1) Did the District Court have subject matter jurisdiction to hear the father’s petition to modify the prior custody decree? (2) Did the District Court err in concluding that the mother consented to the integration…”
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). · cites it 22× “In addition to allowing a parent to do so, § 40-4-211(4)(b), MCA, allows a parenting plan proceeding to be commenced in district court "by a person other than a parent if the person has established a child-parent relationship with the child, by filing a petition for parenting in…”
Marriage of Koplin v. Koplin, 859 P.2d 998 (Mont. 1993). · cites it 33× “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
In Re Custody of Rrk, 859 P.2d 998 (Mont. 1993). · cites it 35× “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
In Re the Marriage of Shupe, 916 P.2d 744 (Mont. 1996). · cites it 32× “Section 40-4-211, MCA, provides in pertinent part: *416 (1) A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: .”
Marriage of Erler v. Erler, 862 P.2d 12 (Mont. 1993). · cites it 26× “Scott argues that “Section 40-4-211, MCA, is also pertinent to this case.”
In Re the Marriage of Miller, 856 P.2d 1378 (Mont. 1993). · cites it 18× “The stated purpose of the UCCJA is to: [A]ssure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and…”
In Re Parenting of JNP, 2001 MT 120 (Mont. 2001). · cites it 19× “¶ 10 Knopps objected to the mother's motion to dismiss based on § 40-4-211, MCA, and the "best interest" standard found at § 212.”
Show all 87 citing cases →
— Mont. Code Ann. § 40-4-211(1) — 13 cases
In Re the Marriage of Shupe, 916 P.2d 744 (Mont. 1996). “Section 40-4-211, MCA, provides in pertinent part: *416 (1) A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: .”
In re Bessette, 434 P.3d 894 (Mont. 2019).
Parenting of L.D.C., 2022 MT 161 (Mont. 2022).
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
Lewis v. Sowers, 1998 MT 190 (Mont. 1998).
— Mont. Code Ann. § 40-4-211(1)(a) — 6 cases
In Re Custody of NGH, 1998 MT 212 (Mont. 1998).
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023).
Parenting of L.D.C., 2022 MT 161 (Mont. 2022).
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023).
In Re the Parenting of M.M.K., 2016 MT 81 (Mont. 2016).
— Mont. Code Ann. § 40-4-211(1)(a)(i) — 2 cases
In Re Marriage of Skillen, 1998 MT 43 (Mont. 1998). “Montana has codified the UCCJA at §§ 40-7-101 to -125, MCA, and incorporates § 3 of the UCCJA at § 40-4-211, MCA, to determine the initial matter of child custody jurisdiction.”
Application of Pierce, 601 P.2d 1179 (Mont. 1979).
— Mont. Code Ann. § 40-4-211(1)(b) — 4 cases
In Re Custody of NGH, 1998 MT 212 (Mont. 1998).
In Re the Marriage of Shupe, 916 P.2d 744 (Mont. 1996). “Section 40-4-211, MCA, provides in pertinent part: *416 (1) A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: .”
In Re Marriage of Skillen, 1998 MT 43 (Mont. 1998). “Montana has codified the UCCJA at §§ 40-7-101 to -125, MCA, and incorporates § 3 of the UCCJA at § 40-4-211, MCA, to determine the initial matter of child custody jurisdiction.”
The Parenting of: A.H.S., 2025 MT 57 (Mont. 2025).
— Mont. Code Ann. § 40-4-211(1)(b)(i) — 1 case
In Re the Marriage of Shupe, 916 P.2d 744 (Mont. 1996). “Section 40-4-211, MCA, provides in pertinent part: *416 (1) A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: .”
— Mont. Code Ann. § 40-4-211(1)(b)(ii) — 1 case
In Re the Marriage of Shupe, 916 P.2d 744 (Mont. 1996). “Section 40-4-211, MCA, provides in pertinent part: *416 (1) A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: .”
— Mont. Code Ann. § 40-4-211(1)(c) — 1 case
Wenz v. Schwartze, 598 P.2d 1086 (Mont. 1979).
— Mont. Code Ann. § 40-4-211(1)(c)(ii) — 1 case
Application of Pierce, 601 P.2d 1179 (Mont. 1979).
— Mont. Code Ann. § 40-4-211(1)(c)(iii) — 1 case
In Re The Parenting of: D.C.S., 2025 MT 179 (Mont. 2025).
— Mont. Code Ann. § 40-4-211(1)(d) — 3 cases
In Re the Marriage of Cook, 725 P.2d 562 (Mont. 1986).
In Re Marriage of Skillen, 1998 MT 43 (Mont. 1998). “Montana has codified the UCCJA at §§ 40-7-101 to -125, MCA, and incorporates § 3 of the UCCJA at § 40-4-211, MCA, to determine the initial matter of child custody jurisdiction.”
In Re Custody of NGH, 1998 MT 212 (Mont. 1998).
— Mont. Code Ann. § 40-4-211(1)(d)(i) — 1 case
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
— Mont. Code Ann. § 40-4-211(2) — 1 case
In Re Marriage of Skillen, 1998 MT 43 (Mont. 1998). “Montana has codified the UCCJA at §§ 40-7-101 to -125, MCA, and incorporates § 3 of the UCCJA at § 40-4-211, MCA, to determine the initial matter of child custody jurisdiction.”
— Mont. Code Ann. § 40-4-211(2)(a) — 1 case
R. Scott v. 11th Jud. Dist. Court (Mont. 2023).
— Mont. Code Ann. § 40-4-211(4) — 9 cases
Girard v. Williams, 1998 MT 231 (Mont. 1998). “Jurisdictional and procedural matters relating to child custody proceedings under the UMDA are set forth in § 40-4-211, MCA. Under this statute, a custody proceeding may be initiated by a parent filing a petition for dissolution or legal separation which includes a request for a…”
Marriage of Koplin v. Koplin, 859 P.2d 998 (Mont. 1993). “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
In Re Custody of Rrk, 859 P.2d 998 (Mont. 1993). “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
Custody & Parenting of B.C.B.W., 2008 MT 147 (Mont. 2008).
In Re Lfa, 2009 MT 363 (Mont. 2009).
— Mont. Code Ann. § 40-4-211(4)(a) — 5 cases
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). “In addition to allowing a parent to do so, § 40-4-211(4)(b), MCA, allows a parenting plan proceeding to be commenced in district court "by a person other than a parent if the person has established a child-parent relationship with the child, by filing a petition for parenting in…”
F.H. v. C.P.H., 2005 MT 68 (Mont. 2005).
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023).
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023).
In Re the Parenting of: A.M.O., 2024 MT 74N (Mont. 2024).
— Mont. Code Ann. § 40-4-211(4)(a)(ii) — 2 cases
Ramberg v. Massey, 2016 MT 120 (Mont. 2016).
Parenting of C.M.R., 2016 MT 120 (Mont. 2016).
— Mont. Code Ann. § 40-4-211(4)(b) — 29 cases
Girard v. Williams, 1998 MT 231 (Mont. 1998). “Jurisdictional and procedural matters relating to child custody proceedings under the UMDA are set forth in § 40-4-211, MCA. Under this statute, a custody proceeding may be initiated by a parent filing a petition for dissolution or legal separation which includes a request for a…”
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). “because Tammy had left the child in the Knopps's exclusive custody. The Knopps could not rely upon the nonparental statutes in seeking custody of J.”
In Re Parenting of JNP, 2001 MT 120 (Mont. 2001). “¶ 10 Knopps objected to the mother's motion to dismiss based on § 40-4-211, MCA, and the "best interest" standard found at § 212.”
In Re Custody of Rrk, 859 P.2d 998 (Mont. 1993). “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
Marriage of Koplin v. Koplin, 859 P.2d 998 (Mont. 1993). “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
— Mont. Code Ann. § 40-4-211(5) — 3 cases
Marriage of Koplin v. Koplin, 859 P.2d 998 (Mont. 1993). “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
In Re Custody of Rrk, 859 P.2d 998 (Mont. 1993). “Are non-parents entitled to seek custody of a child under the Uniform Marriage and Divorce Act, through either an independent custody proceeding or intervention in a dissolution proceeding? The Kolpins contend that § 40-4-211, MCA, expressly entitles them to petition for custody…”
Parenting of K.J.K., 2020 MT 224 (Mont. 2020).
— Mont. Code Ann. § 40-4-211(6) — 14 cases
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). “because Tammy had left the child in the Knopps's exclusive custody. The Knopps could not rely upon the nonparental statutes in seeking custody of J.”
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). “In addition to allowing a parent to do so, § 40-4-211(4)(b), MCA, allows a parenting plan proceeding to be commenced in district court "by a person other than a parent if the person has established a child-parent relationship with the child, by filing a petition for parenting in…”
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023).
Snyder v. Spaulding, 2010 MT 151 (Mont. 2010).
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023).
— Mont. Code Ann. § 40-4-211(6)(a) — 1 case
Parenting of M.M.G., 2012 MT 228 (Mont. 2012).
— Mont. Code Ann. § 40-4-211(b) — 1 case
Girard v. Williams, 1998 MT 231 (Mont. 1998). “Jurisdictional and procedural matters relating to child custody proceedings under the UMDA are set forth in § 40-4-211, MCA. Under this statute, a custody proceeding may be initiated by a parent filing a petition for dissolution or legal separation which includes a request for a…”
— Mont. Code Ann. § 40-4-211(c) — 1 case
In Re the Marriage of Oltersdorf, 844 P.2d 778 (Mont. 1992).
— Mont. Code Ann. § 40-4-211(d) — 1 case
In Re Marriage of Skillen, 1998 MT 43 (Mont. 1998). “Montana has codified the UCCJA at §§ 40-7-101 to -125, MCA, and incorporates § 3 of the UCCJA at § 40-4-211, MCA, to determine the initial matter of child custody jurisdiction.”
— Mont. Code Ann. § 40-4-211(l) — 1 case
Marriage of Whetham (Mont. 1995).
— Mont. Code Ann. § 40-4-211(l)(a) — 3 cases
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
Marriage of Erler v. Erler, 862 P.2d 12 (Mont. 1993). “Scott argues that “Section 40-4-211, MCA, is also pertinent to this case.”
In Re the Marriage of Miller, 856 P.2d 1378 (Mont. 1993). “The stated purpose of the UCCJA is to: [A]ssure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and…”
— Mont. Code Ann. § 40-4-211(l)(a)(i) — 2 cases
In Re Marriage of Skillen, 1998 MT 43 (Mont. 1998). “Montana has codified the UCCJA at §§ 40-7-101 to -125, MCA, and incorporates § 3 of the UCCJA at § 40-4-211, MCA, to determine the initial matter of child custody jurisdiction.”
In Re the Parental Rights of Baby Girl W., 814 P.2d 976 (Mont. 1991).
— Mont. Code Ann. § 40-4-211(l)(a)(ii) — 2 cases
Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006).
In Re the Marriage of Cox, 736 P.2d 97 (Mont. 1987).
— Mont. Code Ann. § 40-4-211(l)(b) — 8 cases
In Re the Marriage of Bolton, 690 P.2d 401 (Mont. 1984). “raises two issues in her appeal from the District Court order: (1) Did the District Court have subject matter jurisdiction to hear the father’s petition to modify the prior custody decree? (2) Did the District Court err in concluding that the mother consented to the integration…”
Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006).
In Re the Marriage of Cook, 725 P.2d 562 (Mont. 1986).
In Re the Marriage of Miller, 856 P.2d 1378 (Mont. 1993). “The stated purpose of the UCCJA is to: [A]ssure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and…”
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
— Mont. Code Ann. § 40-4-211(l)(b)(ii) — 3 cases
Marriage of Erler v. Erler, 862 P.2d 12 (Mont. 1993). “Scott argues that “Section 40-4-211, MCA, is also pertinent to this case.”
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
Marriage of Erler (Mont. 1994).
— Mont. Code Ann. § 40-4-211(l)(c) — 3 cases
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
In Re the Marriage of Miller, 856 P.2d 1378 (Mont. 1993). “The stated purpose of the UCCJA is to: [A]ssure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and…”
Marriage of Erler v. Erler, 862 P.2d 12 (Mont. 1993). “Scott argues that “Section 40-4-211, MCA, is also pertinent to this case.”
— Mont. Code Ann. § 40-4-211(l)(d) — 5 cases
In Re the Marriage of Lance, 690 P.2d 979 (Mont. 1984). “The father’s second principal issue on appeal is whether the District Court committed reversible error in dismissing the father’s petition for custody modification for lack of subject matter jurisdiction. In its carefully drafted memo *188 randum order of February 14, 1984, the…”
In Re the Marriage of Cook, 725 P.2d 562 (Mont. 1986).
In Re the Marriage of Miller, 856 P.2d 1378 (Mont. 1993). “The stated purpose of the UCCJA is to: [A]ssure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and…”
Marriage of Erler v. Erler, 862 P.2d 12 (Mont. 1993). “Scott argues that “Section 40-4-211, MCA, is also pertinent to this case.”
Riley v. Hubbard, 1998 MT 212 (Mont. 1998).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.