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February 06, 2012
Child-Custody
             
 
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Child Custody Act Of 1970 (Excerpt) Act 91 of 1970


722.26b Standing of guardian or limited guardian of child to bring action for custody of child; filing of action; stay of proceedings; continuation of order in force; copy of judgment or order of disposition; assignment of judge.

Sec. 6b.

(1) Except as otherwise provided in subsection (2), a guardian or limited guardian of a child has standing to bring an action for custody of the child as provided in this act.

(2) A limited guardian of a child does not have standing to bring an action for custody of the child if the parent or parents of the child have substantially complied with a limited guardianship placement plan regarding the child entered into as required by section 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5205, or section 424a of former 1978 PA 642.

(3) If the circuit court does not have prior continuing jurisdiction over the child, a child custody action brought by a guardian or limited guardian of the child shall be filed in the circuit court in the county in which the probate court appointed the guardian.

(4) Upon the filing of a child custody action brought by a child's guardian or limited guardian, guardianship proceedings concerning that child in the probate court are stayed until disposition of the child custody action. A probate court order concerning the guardianship of the child continues in force until superseded by a circuit court order. If the circuit court awards custody of the child, it shall send a copy of the judgment or order of disposition to the probate court in the county that appointed the child's guardian or limited guardian.

(5) If a child's guardian or limited guardian brings a child custody action, the circuit court shall request the supreme court in accordance with section 225 of the revised judicature act of 1961, 1961 PA 236, MCL 600.225, to assign the probate court judge who appointed that guardian or limited guardian to serve as the circuit court judge and hear the child custody action.

 

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Did You Know?    
 
 
Child Custody "Reasonable visitation" is usually the first option given to the noncustodial parent.
Reasonable visitation is often the most practical solution because it allows the two parents to create a flexible visitation plan that works with both their own and their children’s schedule. Reasonable visitation works best when the parents are able to maintain a civil relationship with one another.

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News about Child Custody cases in Montana and nationwide:

Ensign Brings Child Custody Protection Act To Senate Floor
Washington, D.C. – Senator John Ensign brought the Child Custody Protection Act to the floor of the United States Senate for debate today. The legi...
Read more >


General Information About Nonparental Custody
Washington has pattern legal forms you must use in nonparental custody and other family law cases. These are the instructions to assist you in fill...
Read more >


More Child Custody News >

 
 

Child Custody Terms

 


Today's Terms

Absolute divorce

Definition:
An absolute divorce completely dissolves the marriage, resulting in both partners to become single.

Paternity

Definition:
Paternity refers to the determination of who the legal father of the child is in order to settle child support and child custody.

Fixed visitation

Definition:
The court may order set dates and times for the non-custodial parent to visit the child.

More Child Custody Terms >

 

Child Custody Resources

 


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Child Custody Hot Topics

 


Topics Related to Child Custody:

  • Legal Custody
  • Physical Custody
  • Sole Custody
  • Joint Custody
  • Child Support
  • Divorce

More Child Custody Topics >

Montana Child-Custody Attorney

 
If you live in the following cities and need an Child-Custody attorney you should contact our Child-Custody Attorney as soon as possible:

  • Belgrade
  • Billings
  • Bozeman
  • Butte
  • Columbia Falls
  • Great Falls
  • Hamilton
  • Havre
  • Helena
  • Kalispell
  • Laurel
  • Libby
  • Livingston
  • Miles City
  • Missoula
  • Polson
  • Whitefish
 


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