Senate Bill No. [number] aims to revise laws concerning the determination of the best interests of the child in custody and adoption proceedings in Montana. The bill amends Sections 40-4-212 and 42-5-107 of the Montana Code Annotated (MCA) to include additional factors for the court to consider when determining a child's best interests. Notably, it introduces considerations related to the child's credal, cultural, ethnic, or religious needs, including their Indian heritage, and emphasizes the importance of traditions and customs of any social group to which the child has a direct connection. The bill also clarifies that the court should not base its decisions solely on a parent's military service and establishes rebuttable presumptions regarding vexatious parenting plan actions.
Furthermore, the bill mandates that the secretary of state notify each federally recognized tribal government in Montana about the new legislation. The effective date for these changes is set for July 1, 2025. The revisions aim to ensure that the best interests of the child are comprehensively evaluated, taking into account a broader range of factors that reflect the child's background and heritage.
Statutes affected: LC Text: 40-4-212, 42-5-107
SB0180_1(1): 40-4-212, 42-5-107
SB0180_1(2): 40-4-212, 42-5-107
SB0180_1(3): 40-4-212, 42-5-107
SB0180_1(4): 40-4-212, 42-5-107
SB0180_1(5): 40-4-212, 42-5-107
SB0180_1(6): 40-4-212, 42-5-107
SB0180_1(7): 40-4-212, 42-5-107
SB0180_1: 40-4-212, 42-5-107
SB0180_2(1): 40-4-212, 42-5-107
SB0180_2(2): 40-4-212, 42-5-107
SB0180_2(3): 40-4-212, 42-5-107
SB0180_2(4): 40-4-212, 42-5-107
SB0180_2(5): 40-4-212, 42-5-107
SB0180_2(6): 40-4-212, 42-5-107
SB0180_2(7): 40-4-212, 42-5-107
SB0180_2(8): 40-4-212, 42-5-107
SB0180_2(9): 40-4-212, 42-5-107
SB0180_2: 40-4-212, 42-5-107