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

Mont. Code Ann. § 40-6-231 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 2
  5. 40-6-231 Repealed

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 2. Obligations of Parents

Repealed

40-6-231. Repealed. Sec. 39, Ch. 343, L. 1997.

History: En. Sec. 300, Civ. C. 1895; re-en. Sec. 3758, Rev. C. 1907; re-en. Sec. 5850, R.C.M. 1921; Cal. Civ. C. Sec. 213; Field Civ. C. Sec. 104; re-en. Sec. 5850, R.C.M. 1935; R.C.M. 1947, 61-121.

Notes of Decisions
Cited in 9 cases, 1984–2002 · leading case: In Re the Custody of D.M.G., 1998 MT 1 (Mont. 1998).
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In Re the Custody of D.M.G., 1998 MT 1 (Mont. 1998). · cites it 11× “’ ” We cited § 40-6-231, MCA 1 , which provides: A parent entitled to the custody of a child has a right to change his residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child.”
In Re the Marriage of Ansell, 895 P.2d 619 (Mont. 1995). · cites it 6× “Under § 40-6-231, MCA, “[a] parent entitled to the custody of a child has a right to change his residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child.”
In Re the Marriage of Robison, 2002 MT 207 (Mont. 2002). · cites it 2× “That statute, § 40-6-231, MCA (repealed Sec. 39, Ch. 343, L.”
In Re the Marriage Paradis, 689 P.2d 1263 (Mont. 1984). · cites it 3× “The court apparently based its decision to modify custody on the fact that the move would require a change of schools. “A parent entitled to custody of a child has a right to change his residence, subject to the power of the court to restrain a removal which would prejudice the…”
Stout v. Stout, 1997 ND 61 (N.D. 1997). “377 (1994)]; Montana, [Mont.Code Ann. § 40-6-231 (1995)]; Nevada, [Nev.”
Kaiser v. Kaiser, 2001 OK 30 (Okla. 2001). “§ 25-5-13 (1992)), 1 and Montana (Mont.Code Ann. § 40-6-231 (1998)), and the courts of those states have interpreted their provisions as giving the custodial parent a statutory presumptive right to relocate.”
In Re the Marriage of Bergner, 722 P.2d 1141 (Mont. 1986). · cites it 3× “” Section 40-6-231, MCA. John was not awarded custody of the girls because Adela moved to Texas but because the girls’ interests will best be served by allowing *311 them to remain in the family, school and community they have enjoyed for several years.”
In Re the Marriage of Johnson, 777 P.2d 305 (Mont. 1989). · cites it 3× “We note at the outset that a parent with joint custody of a child is entitled to change her residence, subject only to the power of the court “to restrain a removal which would prejudice the rights or welfare of the child.”
Dvorak v. AgriBank, FCB, 1997 ND 53 (N.D. 1997). “377 (1994)]; Montana, [ Mont. Code Ann. § 40-6-231 (1995)]; Nevada, [Nev.”
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.