Unregulated Custody Transfers of Adopted Children - Montana

Date: August 2022

Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Code § 72-5-103

A parent or a guardian of a minor, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child, except the power to consent to marriage or adoption of a minor.

Exceptions

Citation: Ann. Code § 72-5-103

The 6-month limitation does not apply to any of the following:

  • A member of the Montana National Guard who serves for more than 180 continuous days on duty
  • A member of the active-duty military forces of the United States
  • A member of the Federal reserves who serves for more than 180 continuous days on duty

Consequences

This issue is not addressed in the statutes reviewed.