Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT · Part 2. Jurisdiction
Montana Code Annotated

Mont. Code Ann. § 40-7-201 (2026)

Initial Child Custody Jurisdiction

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 7
  4. Part 2
  5. 40-7-201 Initial child custody jurisdiction

TITLE 40. FAMILY LAW

CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

Part 2. Jurisdiction

Initial Child Custody Jurisdiction

40-7-201. Initial child custody jurisdiction. (1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction to make an initial child custody determination only if:

(a) this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(b) a court of another state does not have jurisdiction under subsection (1)(a), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under 40-7-108 or 40-7-109, and:

(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(ii) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;

(c) all courts having jurisdiction under subsection (1)(a) or (1)(b) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under 40-7-108 or 40-7-109; or

(d) no state would have jurisdiction under subsection (1)(a), (1)(b), or (1)(c).

(2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

History: En. Sec. 21, Ch. 91, L. 1999.

Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 2003–2026 · leading case: Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006).
Sort: Relevance Newest Treatment
Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006). · cites it 26× “Such confusion seems understandable in light of the apparent contradictory language set forth in the Montana statutes.”
In re B.K., 425 P.3d 703 (Mont. 2018). · cites it 26× “¶ 8 Section 40-7-201, MCA, provides for establishing initial jurisdiction of a child custody determination: (1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction *707 to make an initial child custody determination only if: (a) this state is the…”
Marriage of Stoneman v. Drollinger, 2003 MT 25 (Mont. 2003). · cites it 6× “Section 40-7-201(1), MCA. The "home state" is defined as the state in which a child lived with a parent or a person acting as parent for a least six months immediately before the commencement of a child custody proceeding.”
In Re the Marriage of Sampley, 2015 MT 121 (Mont. 2015). · cites it 8× “In a brief in support of her motion, Michelle argued that the District Court lacked jurisdiction over parenting and custody matters.”
In re E.Y.R., 446 P.3d 1117 (Mont. 2019). · cites it 4× “] Section 40-7-201(1)(b), MCA (emphasis added).”
In Re the Marriage of Myrland, 2010 MT 286 (Mont. 2010). · cites it 12× “this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to…”
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). · cites it 4× “¶ 23 Similarly, under § 40-7-201(a) and (b), MCA, the children failed to live in any one state pertinent to the proceedings for more than six months prior to the filing so the District Court had jurisdiction to make an initial child custody determination.”
Paslov v. Cox, 2004 MT 325 (Mont. 2004). · cites it 24× “In sum, under the UCCJEA, in order to modify a determination made by a court of another state, a Montana court must have jurisdiction under § 40-7-201(1)(a), MCA, or § 40-7- 201(1)(b)(i) and (ii), MCA; and § 40-7-203(1), MCA, or § 40-7-203(2), MCA.”
Parenting of L.D.C., 2022 MT 161 (Mont. 2022). · cites it 19× “(incorporating § 40-4-211 into the UCCJA), without corresponding repeal or modification of § 40-4-211, MCA, to conform to UCCJEA § 201 (NCCUSL 1997), created a manifest incongruity, apparently unintended, between the old UCCJA interstate custody jurisdiction prerequisites still…”
Custody of N.G.H. v. Amundsen, 2004 MT 162 (Mont. 2004). · cites it 3× “Section 40-7-201, MCA. Montana continues to have exclusive jurisdiction, § 40-7-202(2), MCA, unless a Montana court declines to exercise its jurisdiction by *24 determining that Montana is “an inconvenient forum under the circumstances” and “a court of another state is a more…”
Nagel v. Cork, 165 Wash. 2d 568 (Wash. 2009). “201(2); Mont. Code Ann. § 40-7-201 (2). The UCCJEA determines when one state may modify an “initial child custody determination” made by another state.”
In Re the Marriage of Fontenot, 2003 MT 242 (Mont. 2003). · cites it 5× “Section 40-7-201, MCA. As the “home state” of a child, Montana will continue to have exclusive, continuing jurisdiction unless a Montana court declines to exercise its jurisdiction.”
Show all 23 citing cases →
— Mont. Code Ann. § 40-7-201(1) — 5 cases
Marriage of Stoneman v. Drollinger, 2003 MT 25 (Mont. 2003). “Section 40-7-201(1), MCA. The "home state" is defined as the state in which a child lived with a parent or a person acting as parent for a least six months immediately before the commencement of a child custody proceeding.”
Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006). “Such confusion seems understandable in light of the apparent contradictory language set forth in the Montana statutes.”
In re B.K., 425 P.3d 703 (Mont. 2018). “¶ 8 Section 40-7-201, MCA, provides for establishing initial jurisdiction of a child custody determination: (1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction *707 to make an initial child custody determination only if: (a) this state is the…”
In Re the Parenting of R.A.A. (Mont. 2026).
The Parenting of: A.H.S., 2025 MT 57 (Mont. 2025).
— Mont. Code Ann. § 40-7-201(1)(a) — 4 cases
In re B.K., 425 P.3d 703 (Mont. 2018). “¶ 8 Section 40-7-201, MCA, provides for establishing initial jurisdiction of a child custody determination: (1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction *707 to make an initial child custody determination only if: (a) this state is the…”
Paslov v. Cox, 2004 MT 325 (Mont. 2004). “In sum, under the UCCJEA, in order to modify a determination made by a court of another state, a Montana court must have jurisdiction under § 40-7-201(1)(a), MCA, or § 40-7- 201(1)(b)(i) and (ii), MCA; and § 40-7-203(1), MCA, or § 40-7-203(2), MCA.”
Parenting of L.D.C., 2022 MT 161 (Mont. 2022). “(incorporating § 40-4-211 into the UCCJA), without corresponding repeal or modification of § 40-4-211, MCA, to conform to UCCJEA § 201 (NCCUSL 1997), created a manifest incongruity, apparently unintended, between the old UCCJA interstate custody jurisdiction prerequisites still…”
The Parenting of: A.H.S., 2025 MT 57 (Mont. 2025).
— Mont. Code Ann. § 40-7-201(1)(b) — 3 cases
In re E.Y.R., 446 P.3d 1117 (Mont. 2019). “] Section 40-7-201(1)(b), MCA (emphasis added).”
Paslov v. Cox, 2004 MT 325 (Mont. 2004). “In sum, under the UCCJEA, in order to modify a determination made by a court of another state, a Montana court must have jurisdiction under § 40-7-201(1)(a), MCA, or § 40-7- 201(1)(b)(i) and (ii), MCA; and § 40-7-203(1), MCA, or § 40-7-203(2), MCA.”
In re B.K., 425 P.3d 703 (Mont. 2018). “¶ 8 Section 40-7-201, MCA, provides for establishing initial jurisdiction of a child custody determination: (1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction *707 to make an initial child custody determination only if: (a) this state is the…”
— Mont. Code Ann. § 40-7-201(1)(b)(i) — 1 case
Parenting of L.D.C., 2022 MT 161 (Mont. 2022). “(incorporating § 40-4-211 into the UCCJA), without corresponding repeal or modification of § 40-4-211, MCA, to conform to UCCJEA § 201 (NCCUSL 1997), created a manifest incongruity, apparently unintended, between the old UCCJA interstate custody jurisdiction prerequisites still…”
— Mont. Code Ann. § 40-7-201(1)(b)(ii) — 1 case
Parenting of L.D.C., 2022 MT 161 (Mont. 2022). “(incorporating § 40-4-211 into the UCCJA), without corresponding repeal or modification of § 40-4-211, MCA, to conform to UCCJEA § 201 (NCCUSL 1997), created a manifest incongruity, apparently unintended, between the old UCCJA interstate custody jurisdiction prerequisites still…”
— Mont. Code Ann. § 40-7-201(1)(c) — 1 case
Parenting of L.D.C., 2022 MT 161 (Mont. 2022). “(incorporating § 40-4-211 into the UCCJA), without corresponding repeal or modification of § 40-4-211, MCA, to conform to UCCJEA § 201 (NCCUSL 1997), created a manifest incongruity, apparently unintended, between the old UCCJA interstate custody jurisdiction prerequisites still…”
— Mont. Code Ann. § 40-7-201(2) — 1 case
In Re the Parenting of R.A.A. (Mont. 2026).
— Mont. Code Ann. § 40-7-201(3) — 3 cases
In re B.K., 425 P.3d 703 (Mont. 2018). “¶ 8 Section 40-7-201, MCA, provides for establishing initial jurisdiction of a child custody determination: (1) Except as otherwise provided in 40-7-204, a court of this state has jurisdiction *707 to make an initial child custody determination only if: (a) this state is the…”
In Re the Marriage of Myrland, 2010 MT 286 (Mont. 2010). “this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to…”
The Parenting of: A.H.S., 2025 MT 57 (Mont. 2025).
— Mont. Code Ann. § 40-7-201(a) — 3 cases
In Re the Marriage of Myrland, 2010 MT 286 (Mont. 2010). “this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to…”
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). “¶ 23 Similarly, under § 40-7-201(a) and (b), MCA, the children failed to live in any one state pertinent to the proceedings for more than six months prior to the filing so the District Court had jurisdiction to make an initial child custody determination.”
F.H. v. C.P.H., 2005 MT 68 (Mont. 2005).
— Mont. Code Ann. § 40-7-201(b)(ii) — 2 cases
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). “¶ 23 Similarly, under § 40-7-201(a) and (b), MCA, the children failed to live in any one state pertinent to the proceedings for more than six months prior to the filing so the District Court had jurisdiction to make an initial child custody determination.”
F.H. v. C.P.H., 2005 MT 68 (Mont. 2005).
— Mont. Code Ann. § 40-7-201(l)(a) — 5 cases
Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006). “Such confusion seems understandable in light of the apparent contradictory language set forth in the Montana statutes.”
Paslov v. Cox, 2004 MT 325 (Mont. 2004). “In sum, under the UCCJEA, in order to modify a determination made by a court of another state, a Montana court must have jurisdiction under § 40-7-201(1)(a), MCA, or § 40-7- 201(1)(b)(i) and (ii), MCA; and § 40-7-203(1), MCA, or § 40-7-203(2), MCA.”
In Re the Marriage of Fontenot, 2003 MT 242 (Mont. 2003). “Section 40-7-201, MCA. As the “home state” of a child, Montana will continue to have exclusive, continuing jurisdiction unless a Montana court declines to exercise its jurisdiction.”
In Re the Marriage of Lloyd, 2011 MT 133 (Mont. 2011).
KOEPLIN v. Crandall, 2010 MT 70 (Mont. 2010).
— Mont. Code Ann. § 40-7-201(l)(b) — 1 case
Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006). “Such confusion seems understandable in light of the apparent contradictory language set forth in the Montana statutes.”
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.