Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 6. PARENT AND CHILD · Part 2. Obligations of Parents
Montana Code Annotated

Mont. Code Ann. § 40-6-221 (2026)

Parenting, Services, And Earnings Of Child

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 2
  5. 40-6-221 Parenting, services, and earnings of child

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 2. Obligations of Parents

Parenting, Services, And Earnings Of Child

40-6-221. Parenting, services, and earnings of child. The father and mother of an unmarried minor child are equally entitled to the parenting, services, and earnings of the child. If either parent is dead or unable or refuses to exercise parenting or has abandoned the family, the other parent is entitled to the parenting, services, and earnings of the child, unless care of the child is determined otherwise pursuant to 40-4-221.

History: En. Sec. 284, Civ. C. 1895; re-en. Sec. 3742, Rev. C. 1907; amd. Sec. 1, Ch. 61, L. 1915; re-en. Sec. 5834, R.C.M. 1921; Cal. Civ. C. Sec. 197; Based on Field Civ. C. Sec. 90; re-en. Sec. 5834, R.C.M. 1935; amd. Sec. 26, Ch. 512, L. 1975; amd. Sec. 13, Ch. 33, L. 1977; R.C.M. 1947, 61-105; amd. Sec. 5, Ch. 127, L. 1979; amd. Sec. 31, Ch. 343, L. 1997.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1979–2025 · leading case: In re E.Y.R., 446 P.3d 1117 (Mont. 2019).
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In re E.Y.R., 446 P.3d 1117 (Mont. 2019). · cites it 9× “Further, she did not advise the court of the provisions of § 40-6-221, MCA, which provide that father and mother are equally entitled to parent and if either is unable to exercise parenting, the other is entitled to parent the child.”
State v. Young, 2007 MT 323 (Mont. 2007). · cites it 6× “Section 40-6-221, MCA. For purposes of child support, state mandated obligations of parenthood do not exist without an administrative hearing and order.”
In Re the Marriage of McLean, 609 P.2d 282 (Mont. 1980). · cites it 9× “She asserts that section 40-6-221, MCA, rather than the Uniform Marriage and Divorce Act (UMDA) applies to the present case.”
Babcock v. Wonnacott, 885 P.2d 522 (Mont. 1994). · cites it 4× “during her incarceration, therefore, appellant is entitled to custody under § 40-6-221, MCA, which provides that: The father and mother of an unmarried minor child are equally entitled to the custody, services, and earnings of the child.”
Schultz v. Schultz, 602 P.2d 595 (Mont. 1979). · cites it 3× “” The District Court found that the children were dependent and neglected and concluded their best interests would be served by granting custody to the aunt and uncle. The court entered an order to that effect, and the father appeals.”
In re J.B., 923 P.2d 1096 (Mont. 1996). · cites it 2× “If either parent be dead or unable or refuses to take the custody or has abandoned his or her family, the other is entitled to the custody, services, and earnings of the child, unless custody is determined otherwise pursuant to 40-4-221.”
In Re Huff, 969 A.2d 428 (N.H. 2009). “(“right of a parent to custody of his or her child is a fundamental, constitutional right”); see Mont. Code Ann. § 40-6-221 (“If either parent is dead or unable or refuses to exercise parenting or has abandoned the family, the other parent is entitled to the parenting.”
Matter of K.B., YINC, 2025 MT 164N (Mont. 2025). · cites it 2× “, the father’s counsel “did not assiduously advocate for placement with Father despite the provisions of § 40-6-221, MCA, and the Department’s policy that the non-custodial parent is the first placement option for the child.”
In Re the Marriage of Fontenot, 2010 MT 86 (Mont. 2010). · cites it 2× “After consulting *125 with the other professionals in her office and with the County Attorney’s office, the social worker determined that there were no custody orders concerning the boy and that either parent was entitled to physical custody as provided in § 40-6-221, MCA. The…”
Matter of D.H., YINC, 2022 MT 37 (Mont. 2022). · cites it 5× “, ¶ 38 (citing § 40-6-221, MCA). Section 40-6-221, MCA, provides: The father and mother of an unmarried minor child are equally entitled to the parenting, services, and earnings of the child.”
Matter of JB, 923 P.2d 1096 (Mont. 1996). · cites it 2× “If either parent be dead or unable or refuses to take the custody or has abandoned his or her family, the other is entitled to the custody, services, and earnings of the child, unless custody is determined otherwise pursuant to 40-4-221.”
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.