Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 6. PARENT AND CHILD · Part 1. Uniform Parentage Act
Montana Code Annotated

Mont. Code Ann. § 40-6-109 (2026)

Jurisdiction -- Venue

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 1
  5. 40-6-109 Jurisdiction -- venue

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 1. Uniform Parentage Act

Jurisdiction -- Venue

40-6-109. Jurisdiction -- venue. (1) The district court has jurisdiction of an action brought under this part. The action may be joined with an action for dissolution, annulment, separate maintenance, support, or adoption.

(2) For purposes of an action brought under this part, personal jurisdiction is established in the courts of this state over an individual or the individual's guardian or conservator, if:

(a) the individual is personally served within this state in accordance with Rule 4(b), Montana Rules of Civil Procedure;

(b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document that has the effect of waiving any contest to personal jurisdiction;

(c) the individual resided with the child in this state;

(d) the individual resided in this state and provided prenatal expenses or support for the child;

(e) the child resides in this state as a result of the acts or directives of the individual;

(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or

(g) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(3) The action may be brought in the county in which the child or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of the father's estate have been or could be commenced.

History: En. 61-309 by Sec. 9, Ch. 512, L. 1975; amd. Sec. 21, Ch. 33, L. 1977; R.C.M. 1947, 61-309; amd. Sec. 57, Ch. 328, L. 1993.

Notes of Decisions
Cited in 5 cases, 1979–2008 · leading case: Girard v. Williams, 1998 MT 231 (Mont. 1998).
Sort: Relevance Newest Treatment
Girard v. Williams, 1998 MT 231 (Mont. 1998). · cites it 2× “See §§ 40-6-109, 40-6-111, 40-6-112, 40-6-113, MCA.”
Borchers v. McCarter, 592 P.2d 941 (Mont. 1979). · cites it 3× “1947, now section 40-6-109(1) MCA, which provides: “The district court has jurisdiction of an action brought under this act.”
In Re the Adoption of BGB, 599 P.2d 375 (Mont. 1979). · cites it 3× “Only one statute provides guidance as to venue, section 40-6-109, MCA. Read in its entirety, it is clear that it is directed primarily at a proceeding to establish paternity, and not to an action to obtain court approval of a parental release.”
Custody & Parenting of B.C.B.W., 2008 MT 147 (Mont. 2008). · cites it 10× “He posits that the venue provision contained in § 40-6-109, MCA, applies. This contention is without merit and also otherwise flawed.”
Parenting of K.P. v. C.P., 2005 MT 297 (Mont. 2005). “2d 1155, ¶ 21 , outlining §§ 40-6-109, 40-6-111 to 114 and 116, MCA, reiterated in In re the Parenting of D.”
Mont. Code Ann. § 40-6-109(1): 1 case
Borchers v. McCarter, 592 P.2d 941 (Mont. 1979). “1947, now section 40-6-109(1) MCA, which provides: “The district court has jurisdiction of an action brought under this act.”
Mont. Code Ann. § 40-6-109(3): 1 case
Custody & Parenting of B.C.B.W., 2008 MT 147 (Mont. 2008). “He posits that the venue provision contained in § 40-6-109, MCA, applies. This contention is without merit and also otherwise flawed.”
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.