Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 3. CHILD ABUSE AND NEGLECT · Part 1. General
Montana Code Annotated

Mont. Code Ann. § 41-3-113 (2026)

Appeals

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 3
  4. Part 1
  5. 41-3-113 Appeals

TITLE 41. MINORS

CHAPTER 3. CHILD ABUSE AND NEGLECT

Part 1. General

Appeals

41-3-113. Appeals. (1) Appeals of court orders or decrees made under this part must be given precedence on the calendar of the supreme court over all other matters, unless otherwise provided by law.

(2) An appeal does not stay the order or decree appealed from and does not divest the presiding district court judge of jurisdiction to take steps that are necessary, in the best interests of the child, and in order to protect the health and safety of the child. The supreme court may order a stay upon application and hearing if suitable provision is made for the care and custody of the child.

(3) If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child's legal status before the entry of the order that was appealed. The child's prior legal status remains in effect until further order of the district court unless the supreme court orders otherwise.

History: En. Sec. 3, Ch. 463, L. 1987; Sec. 41-3-409, MCA 1999; redes. 41-3-113 by Sec. 17(3)(a), Ch. 281, L. 2001; amd. Sec. 4, Ch. 504, L. 2003.

Notes of Decisions
Cited in 3 cases, 2012–2017 · leading case: In re K.H., 2012 MT 175 (Mont. 2012).
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In re K.H., 2012 MT 175 (Mont. 2012). · cites it 2× “That statute states: If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child’s legal status before the entry of the order that was appealed.”
In re C.B.D., 394 P.3d 202 (Mont. 2017). · cites it 3× “Section 41-3-113(2), MCA. Nor has Mother sought a stay from this Court.”
Matter of K.H. K.M. YINCs, 2012 MT 175 (Mont. 2012). · cites it 2× “That statute states: If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child’s legal status before the entry of the order that was appealed. The child’s prior legal status remains in effect until further order of the…”
— Mont. Code Ann. § 41-3-113(2) — 1 case
In re C.B.D., 394 P.3d 202 (Mont. 2017). “Section 41-3-113(2), MCA. Nor has Mother sought a stay from this Court.”
— Mont. Code Ann. § 41-3-113(3) — 2 cases
In re K.H., 2012 MT 175 (Mont. 2012). “That statute states: If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child’s legal status before the entry of the order that was appealed.”
Matter of K.H. K.M. YINCs, 2012 MT 175 (Mont. 2012). “That statute states: If the appeal results in the reversal of the order appealed, the legal status of the child reverts to the child’s legal status before the entry of the order that was appealed. The child’s prior legal status remains in effect until further order of the…”
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