Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 9. GRANDPARENT-GRANDCHILD CONTACT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 40-9-102 (2026)

Grandparent-Grandchild Contact

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 9
  4. Part 1
  5. 40-9-102 Grandparent-grandchild contact

TITLE 40. FAMILY LAW

CHAPTER 9. GRANDPARENT-GRANDCHILD CONTACT

Part 1. General Provisions

Grandparent-Grandchild Contact

40-9-102. Grandparent-grandchild contact. (1) Except as provided in subsection (8), the district court may grant to a grandparent of a child reasonable rights to contact with the child, including but not limited to rights regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title. The department of public health and human services must be given notice of a petition for grandparent-grandchild contact regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title.

(2) Before a court may grant a petition brought pursuant to this section for grandparent-grandchild contact over the objection of a parent whose parental rights have not been terminated, the court shall make a determination as to whether the objecting parent is a fit parent. A determination of fitness and granting of the petition may be made only after a hearing, upon notice as determined by the court. Fitness must be determined on the basis of whether the parent adequately cares for the parent's child.

(3) Grandparent-grandchild contact may be granted over the objection of a parent determined by the court pursuant to subsection (2) to be unfit only if the court also determines by clear and convincing evidence that the contact is in the best interest of the child.

(4) Grandparent-grandchild contact granted under this section over the objections of a fit parent may be granted only upon a finding by the court, based upon clear and convincing evidence, that the contact with the grandparent would be in the best interest of the child and that the presumption in favor of the parent's wishes has been rebutted.

(5) A person may not petition the court under this section more often than once every 2 years unless there has been a significant change in the circumstances of:

(a) the child;

(b) the child's parent, guardian, or custodian; or

(c) the child's grandparent.

(6) The court may appoint an attorney to represent the interests of a child with respect to grandparent-grandchild contact when the interests are not adequately represented by the parties to the proceeding.

(7) The court may appoint a guardian ad litem to represent the best interests of a child with respect to grandparent-grandchild contact.

(8) This section does not apply if the child has been adopted by a person other than a stepparent or a grandparent. Grandparent-grandchild contact granted under this section terminates upon the adoption of the child by a person other than a stepparent or a grandparent.

(9) A determination pursuant to subsection (2) that a parent is unfit has no effect upon the rights of a parent, other than with regard to grandparent-grandchild contact if a petition pursuant to this section is granted, unless otherwise ordered by the court.

History: En. Sec. 2, Ch. 17, L. 1979; amd. Sec. 1, Ch. 616, L. 1983; amd. Sec. 1, Ch. 18, L. 1991; amd. Sec. 158, Ch. 546, L. 1995; amd. Sec. 33, Ch. 343, L. 1997; amd. Sec. 1, Ch. 495, L. 2007; amd. Sec. 1, Ch. 92, L. 2009; amd. Sec. 1, Ch. 112, L. 2015.

Notes of Decisions
Cited in 32 cases (3 in the last 5 years), 1988–2025 · leading case: Snyder v. Spaulding, 2010 MT 151 (Mont. 2010).
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Snyder v. Spaulding, 2010 MT 151 (Mont. 2010). · cites it 37× “Sharon commenced the instant action in September 2007 by filing a petition for grandparent visitation pursuant to § 40-9-102, MCA (grandparent-grandchild contact).”
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). · cites it 14× “In Polasek , this Court determined that the Troxel plurality opinion remained consistent with our "best interest of the child" standard contained in § 40-9-102, MCA. Polasek , ¶ 14. Section 40-9-102, MCA, allows a grandparent reasonable rights to contact with a child.”
Glueckert v. Glueckert, 2015 MT 107 (Mont. 2015). · cites it 49× “¶2 We restate the issue on appeal as whether the District Court properly applied § 40-9-102, MCA, in denying the Glueckerts’ petition for extended contact with their grandson.”
Polasek v. Omura, 2006 MT 103 (Mont. 2006). · cites it 13× “1 ¶2 The following issues are dispositive on appeal: ¶3 Did the District Court err in granting the Polaseks’ petition for contact with their grandchild, Olivia? ¶4 Does Petra’s failure to timely notify the Attorney General of her challenge to the District Court’s application of…”
Schwarz v. Schwarz (In Re L.R.S.), 2018 MT 48 (Mont. 2018). · cites it 37× “On the other hand, and more specifically, a "grandparent" may seek visitation with a child under § 40-9-102, MCA. Under the rules of statutory interpretation as set forth in § 1-2-102, MCA, courts must apply the more specific provision, § 40-9-102, MCA, to a grandparent's…”
Troxel v. Granville, 530 U.S. 57 (2000). “1999); Mont. Code Ann. §40-9-102 (1997); Neb. Rev.”
Kanvick v. Reilly, 760 P.2d 743 (Mont. 1988). · cites it 9× “The first is Section 40-9-102, MCA, which allows the District Court to grant grandparents reasonable visitation.”
Peters v. Costello, 891 A.2d 705 (Pa. 2005). · cites it 2× “402; Mont.Code Ann. § 40-9-102; Nev.Rev.Stat. § 125C.”
In re the Grandparents/Grandchild Contact of C.A.G., 2014 MT 290 (Mont. 2014). · cites it 6× “Section 40-9-102(2), MCA. Contact may be granted over a fit parent’s objections, if clear and convincing evidence establishes that the contact would be in the best interest of the child and the presumption in favor of the parent’s wishes has been rebutted.”
Vest v. State Ex Rel. New Mexico Human Servs. Dep't, 866 P.2d 1175 (N.M. Ct. App. 1993). · cites it 2× “§ 93-16-7 (1991); Mont. Code Ann. § 40-9-102 (1992); N.H. Rev.”
Castagno v. Wholean, 684 A.2d 1181 (Conn. 1996). “402 (1994); Mont. Code Ann. § 40-9-102 (1995); Neb. Rev Stat.”
In the Matter of Est. of Thurgood, 2006 UT 46 (Utah 2006). “2005); Mont.Code Ann. § 40-9-102 (2005); Neb.Rev.”
Show all 32 citing cases →
— Mont. Code Ann. § 40-9-102(1) — 5 cases
Glueckert v. Glueckert, 2015 MT 107 (Mont. 2015). “¶2 We restate the issue on appeal as whether the District Court properly applied § 40-9-102, MCA, in denying the Glueckerts’ petition for extended contact with their grandson.”
Stewart v. Evans, 2006 MT 102 (Mont. 2006).
Parenting of K.J.K., 2020 MT 224 (Mont. 2020).
In Re the Parenting of: A.M.O., 2024 MT 74N (Mont. 2024).
Glueckert v. Glueckert, 2015 MT 107 (Mont. 2015).
— Mont. Code Ann. § 40-9-102(2) — 14 cases
Polasek v. Omura, 2006 MT 103 (Mont. 2006). “1 ¶2 The following issues are dispositive on appeal: ¶3 Did the District Court err in granting the Polaseks’ petition for contact with their grandchild, Olivia? ¶4 Does Petra’s failure to timely notify the Attorney General of her challenge to the District Court’s application of…”
Snyder v. Spaulding, 2010 MT 151 (Mont. 2010). “Sharon commenced the instant action in September 2007 by filing a petition for grandparent visitation pursuant to § 40-9-102, MCA (grandparent-grandchild contact).”
Kulstad v. Maniaci, 2009 MT 326 (Mont. 2009). “In Polasek , this Court determined that the Troxel plurality opinion remained consistent with our "best interest of the child" standard contained in § 40-9-102, MCA. Polasek , ¶ 14. Section 40-9-102, MCA, allows a grandparent reasonable rights to contact with a child.”
Glueckert v. Glueckert, 2015 MT 107 (Mont. 2015). “¶2 We restate the issue on appeal as whether the District Court properly applied § 40-9-102, MCA, in denying the Glueckerts’ petition for extended contact with their grandson.”
In re the Grandparents/Grandchild Contact of C.A.G., 2014 MT 290 (Mont. 2014). “Section 40-9-102(2), MCA. Contact may be granted over a fit parent’s objections, if clear and convincing evidence establishes that the contact would be in the best interest of the child and the presumption in favor of the parent’s wishes has been rebutted.”
— Mont. Code Ann. § 40-9-102(3) — 3 cases
Glueckert v. Glueckert, 2015 MT 107 (Mont. 2015). “¶2 We restate the issue on appeal as whether the District Court properly applied § 40-9-102, MCA, in denying the Glueckerts’ petition for extended contact with their grandson.”
Snyder v. Spaulding, 2010 MT 151 (Mont. 2010). “Sharon commenced the instant action in September 2007 by filing a petition for grandparent visitation pursuant to § 40-9-102, MCA (grandparent-grandchild contact).”
Glueckert v. Glueckert, 2015 MT 107 (Mont. 2015).
— Mont. Code Ann. § 40-9-102(4) — 10 cases
Glueckert v. Glueckert, 2015 MT 107 (Mont. 2015). “¶2 We restate the issue on appeal as whether the District Court properly applied § 40-9-102, MCA, in denying the Glueckerts’ petition for extended contact with their grandson.”
Snyder v. Spaulding, 2010 MT 151 (Mont. 2010). “Sharon commenced the instant action in September 2007 by filing a petition for grandparent visitation pursuant to § 40-9-102, MCA (grandparent-grandchild contact).”
In re the Grandparents/Grandchild Contact of C.A.G., 2014 MT 290 (Mont. 2014). “Section 40-9-102(2), MCA. Contact may be granted over a fit parent’s objections, if clear and convincing evidence establishes that the contact would be in the best interest of the child and the presumption in favor of the parent’s wishes has been rebutted.”
Schwarz v. Schwarz (In Re L.R.S.), 2018 MT 48 (Mont. 2018). “On the other hand, and more specifically, a "grandparent" may seek visitation with a child under § 40-9-102, MCA. Under the rules of statutory interpretation as set forth in § 1-2-102, MCA, courts must apply the more specific provision, § 40-9-102, MCA, to a grandparent's…”
Grandchild visitation of A.L.U., 2025 MT 131 (Mont. 2025).
— Mont. Code Ann. § 40-9-102(5) — 3 cases
In re the Grandparent Visitation of M.M., 2011 MT 329 (Mont. 2011).
In Re Parenting of Jdb, 222 P.3d 646 (Mont. 2009).
In Re. Vistation of Linda Larsen, 2011 MT 329 (Mont. 2011).
— Mont. Code Ann. § 40-9-102(7) — 1 case
Snyder v. Spaulding, 2010 MT 151 (Mont. 2010). “Sharon commenced the instant action in September 2007 by filing a petition for grandparent visitation pursuant to § 40-9-102, MCA (grandparent-grandchild contact).”
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.