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

Mont. Code Ann. § 40-6-110 (2026)

Parties

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 1
  5. 40-6-110 Parties

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 1. Uniform Parentage Act

Parties

40-6-110. Parties. The child must be made a party to the action. A minor must be represented by the minor's general guardian or a guardian ad litem appointed by the court. The child's mother or father may not represent the child as guardian or otherwise. The court may not appoint the department of public health and human services or any of its staff as guardian ad litem for the child. The natural mother, each person presumed to be the father under 40-6-105, and each person alleged to be the natural father must be made parties or, if not subject to the jurisdiction of the court, must be given notice of the action in a manner prescribed by the court and must be given an opportunity to be heard. The court may align the parties.

History: En. 61-310 by Sec. 10, Ch. 512, L. 1975; R.C.M. 1947, 61-310; amd. Sec. 33, Ch. 609, L. 1987; amd. Sec. 3, Ch. 434, L. 1993; amd. Sec. 146, Ch. 546, L. 1995.

Notes of Decisions
Cited in 5 cases, 1987–2014 · leading case: Fitzgerald v. Brown, 857 P.2d 708 (Mont. 1993).
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Fitzgerald v. Brown, 857 P.2d 708 (Mont. 1993). · cites it 5× “Ill Did the District Court err by not requiring sufficient input from the child’s court-appointed attorney? Eva asserts that pursuant to § 40-6-110, MCA, the court was required to appoint a guardian ad litem to represent Joey’s interests.”
State of Arizona v. Sasse, 801 P.2d 598 (Mont. 1990). · cites it 4× “Pursuant to § 40-6-110, MCA, the District Court caused notice to be given to Stelios Kazantzoglou of the proceedings.”
In Re Custody of JMD, 857 P.2d 708 (Mont. 1993). · cites it 5× “III Did the District Court err by not requiring sufficient input from the child's court-appointed attorney? Eva asserts that pursuant to § 40-6-110, MCA, the court was required to appoint a guardian ad litem to represent Joey's interests.”
Adoption of A.W.S. & K.R.S., 2014 MT 322, 339 P.3d 414. “Sections 40-6-110, -119, MCA. The Adoption Act allows the payment of a birth parent’s legal fees by the adoptive parent.”
State Ex Rel. Sorenson v. Roske, 745 P.2d 365 (Mont. 1987). · cites it 3× “Since this finding sufficiently supports the award, we will not consider whether the rationale for fees from Hereford is applicable to this case.”
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.