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. § 40-4-227 (2026)

Rights Of Parents And Children -- Policy -- Findings

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 4
  4. Part 2
  5. 40-4-227 Rights of parents and children -- policy -- findings

TITLE 40. FAMILY LAW

CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT

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

Rights Of Parents And Children -- Policy -- Findings

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

(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.

History: En. Sec. 3, Ch. 414, L. 1999.

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2003–2025 · leading case: Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009).
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Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). · cites it 25× “Section 40-4-227, MCA. ¶ 71 The Minnesota Supreme Court upheld the constitutionality of a nonparenting statute in SooHoo v.”
Est. of C.K.O. Minor Child, 2013 MT 72 (Mont. 2013). · cites it 3× “’ Section 40-4-227(2)(b), MCA.”); Williams v.”
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023). · cites it 5× “¶37 However, in accordance with the legislative “policy” and intent expressly stated in § 40-4-227, MCA (recognition of separate constitutional rights of existing parents and subject child, “the integrity of the family unit,” the “best interests of the child,” and that “it 12…”
In Re Lfa, 2009 MT 363 (Mont. 2009). · cites it 4× “Kulstad , ¶ 57; see § 40-4-227, MCA. ¶ 12 We distinguished Kulstad from J.”
In Re The Parenting of: D.C.S., 2025 MT 179 (Mont. 2025). · cites it 2× “In its conclusions of law, the District Court addressed § 40-4-227, MCA;3 § 40-4-228(2)-(5), MCA;4 and § 40-4-211(6), MCA.”
Marriage of Persoma, 2021 MT 89N (Mont. 2021). · cites it 5× “The District Court responded to both Mother’s motion for emergency telephonic hearing and motion to dissolve temporary order interfering with normal visitation.”
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023). · cites it 5× “¶37 However, in accordance with the legislative “policy” and intent expressly stated in § 40-4-227, MCA (recognition of separate constitutional rights of existing parents and subject child, “the integrity of the family unit,” the “best interests of the child,” and that “it 12…”
Filpula v. Ankney, 2009 MT 363 (Mont. 2009). · cites it 4× “Kulstad , ¶ 57; see §40-4-227, MCA. ¶12 We distinguished Kulstad from J.”
Marriage of Goudreau, 2024 MT 6N (Mont. 2024). · cites it 2× “peals the District Court’s Final Parenting Plan on the grounds that: (1) the District Court’s findings of fact were clearly erroneous; (2) the District Court erred in failing to enforce § 40-4-234, MCA, which requires parents to submit proposed final parenting plans; and (3) the…”
Parenting of M.M.G., 2012 MT 228 (Mont. 2012). · cites it 3× “Section 40-4-227(2)(b), MCA. ¶17 We remand to the District Court to conduct a hearing in accordance with § 40-4-228, MCA, to determine whether Armstrongs have established a child-parent relationship with M.”
Marriage of Hedstrom & Peters, 2022 MT 140N (Mont. 2022). · cites it 5× “]” Section 40-4-227(2)(a), MCA. The District Court explained in detail, first, why Cody’s violent behavior in D.”
In Re Cianciotto, 2003 MT 106N (Mont. 2003). · cites it 5× “Section 40-4-227(1), MCA, provides that: It is the policy of the state of Montana: (a) to recognize the constitutionally protected rights of parents and the integrity of the family unit; 8 (b) to recognize a child's constitutionally protected rights, including all fundamental…”
— Mont. Code Ann. § 40-4-227(1) — 1 case
In Re Cianciotto, 2003 MT 106N (Mont. 2003). “Section 40-4-227(1), MCA, provides that: It is the policy of the state of Montana: (a) to recognize the constitutionally protected rights of parents and the integrity of the family unit; 8 (b) to recognize a child's constitutionally protected rights, including all fundamental…”
— Mont. Code Ann. § 40-4-227(1)(a) — 2 cases
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). “Section 40-4-227, MCA. ¶ 71 The Minnesota Supreme Court upheld the constitutionality of a nonparenting statute in SooHoo v.”
Marriage of Persoma, 2021 MT 89N (Mont. 2021). “The District Court responded to both Mother’s motion for emergency telephonic hearing and motion to dissolve temporary order interfering with normal visitation.”
— Mont. Code Ann. § 40-4-227(2) — 1 case
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). “Section 40-4-227, MCA. ¶ 71 The Minnesota Supreme Court upheld the constitutionality of a nonparenting statute in SooHoo v.”
— Mont. Code Ann. § 40-4-227(2)(a) — 1 case
Marriage of Hedstrom & Peters, 2022 MT 140N (Mont. 2022). “]” Section 40-4-227(2)(a), MCA. The District Court explained in detail, first, why Cody’s violent behavior in D.”
— Mont. Code Ann. § 40-4-227(2)(b) — 6 cases
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). “Section 40-4-227, MCA. ¶ 71 The Minnesota Supreme Court upheld the constitutionality of a nonparenting statute in SooHoo v.”
Est. of C.K.O. Minor Child, 2013 MT 72 (Mont. 2013). “’ Section 40-4-227(2)(b), MCA.”); Williams v.”
In Re Lfa, 2009 MT 363 (Mont. 2009). “Kulstad , ¶ 57; see § 40-4-227, MCA. ¶ 12 We distinguished Kulstad from J.”
Filpula v. Ankney, 2009 MT 363 (Mont. 2009). “Kulstad , ¶ 57; see §40-4-227, MCA. ¶12 We distinguished Kulstad from J.”
Parenting of M.M.G., 2012 MT 228 (Mont. 2012). “Section 40-4-227(2)(b), MCA. ¶17 We remand to the District Court to conduct a hearing in accordance with § 40-4-228, MCA, to determine whether Armstrongs have established a child-parent relationship with M.”
— Mont. Code Ann. § 40-4-227(l)(a) — 1 case
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). “Section 40-4-227, MCA. ¶ 71 The Minnesota Supreme Court upheld the constitutionality of a nonparenting statute in SooHoo v.”
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