Application of Montana Rules of Civil Procedure.
Except as otherwise provided, the Montana Rules of Civil Procedure
apply to all proceedings under this section and 40-9-102.
A proceeding for grandparent-grandchild contact under this section and 40-9-102 must be entitled, "In re the grandparent-grandchild contact of......"
The initial pleading in all proceedings under this section and
40-9-102 must be denominated a petition. A responsive pleading must be
denominated a response. Other pleadings must be denominated as provided
in the Montana Rules of Civil Procedure.
Title 40, Chap. 9, Part 1, §40-9-101
Grandparent-grandchild contact.
Except as provided in subsection (5), 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.
Grandparent-grandchild contact granted under this section may be granted only upon a finding by the court, after a hearing, that the contact would be in the best interest of the child.
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:
(1) the child;
(2) the child's parent, guardian, or custodian; or
(3) the child's grandparent.
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.
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.
Title 40, Chap. 9, Part 1, §40-9-102
