Grandparent Visitation Petition

PETITION FOR GRANDPARENT-GRANDCHILD CONTACT

I. INTRODUCTION

Petitioner, [GRANDPARENT FULL LEGAL NAME] ("Petitioner"), a grandparent of the minor child named above, respectfully petitions this Court for reasonable grandparent-grandchild contact pursuant to Mont. Code Ann. § 40-9-102, and alleges as follows:

II. PARTIES

1. Petitioner (Grandparent).

2. Co-Petitioner (other grandparent, if applicable).

3. Respondent(s) (parent(s) / custodian).

4. The Minor Child.

III. JURISDICTION AND VENUE

5. This District Court has jurisdiction over the subject matter and the parties under Mont. Code Ann. § 40-9-102 and the general jurisdiction of the District Court.

6. This Court has jurisdiction to make an initial child-custody/contact determination under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Mont. Code Ann. § 40-7-201, because Montana is the home state of the child: the child has lived in Montana with a parent or person acting as a parent for at least six (6) consecutive months immediately before the commencement of this proceeding (or since birth, if less than six months old).

7. Venue is proper in [COUNTY] County because the child resides in [COUNTY] County, Montana.

8. Pursuant to Mont. Code Ann. § 40-7-108, a UCCJEA affidavit disclosing the child's residences for the past five (5) years and any other custody/contact proceeding is filed herewith.

☐ There are NO other pending proceedings concerning custody, parenting, or contact of the child.

☐ There ARE other proceedings: Court ____________; Cause No. ____________; nature ____________.

9. Title 41 / dependency notice (§ 40-9-102(1)). ☐ The child is not the subject of, and has had no disposition in, an administrative or court proceeding under Title 41 or Title 40. ☐ The child is (or was) the subject of such a proceeding, and notice of this Petition is being given to the Montana Department of Public Health and Human Services (DPHHS) as required.

IV. STANDING AND PRIOR-PETITION LIMITATION

10. Standing. Petitioner is a grandparent of the minor child and is entitled to petition for reasonable contact under Mont. Code Ann. § 40-9-102(1).

11. Once-every-two-years limitation (§ 40-9-102(5)). Petitioner affirms (check one):

☐ Petitioner has not petitioned this or any court for grandparent-grandchild contact regarding this child within the preceding two (2) years; or

☐ Petitioner petitioned within the past two (2) years, but there has been a significant change in circumstances of ☐ the child ☐ the child's parent, guardian, or custodian ☐ the grandparent, as described below: ____________________________________________________________.

12. Adoption bar (§ 40-9-102(8)). Petitioner affirms the child has not been adopted by a person other than a stepparent or a grandparent.

V. FACTUAL ALLEGATIONS

13. History of the relationship. The relationship between Petitioner and the child is as follows:

[Describe frequency and quality of contact; overnights; periods of care; activities, holidays, and support; the role Petitioner has played in the child's life. Be specific — Petitioner bears a clear-and-convincing burden.]
____________________________________________________________________________________
____________________________________________________________________________________

14. Circumstances leading to the petition. The circumstances giving rise to this Petition are:

[Describe when and how contact was reduced or denied, the reasons given, and informal efforts to resolve the matter.]
____________________________________________________________________________________
____________________________________________________________________________________

15. Petitioner's suitability. Petitioner affirms there is no history of abuse, neglect, domestic violence, substance abuse, or criminal conduct that would endanger the child, and that Petitioner can provide a safe and appropriate environment for the child.

VI. CONSTITUTIONAL AND STATUTORY STANDARD

16. Parental rights; special weight (Troxel). Petitioner acknowledges that a fit parent has a fundamental constitutional right to make decisions concerning the care, custody, and control of the child, and that under Troxel v. Granville, 530 U.S. 57 (2000) the Court must give special weight to a fit parent's decision. Montana's statute incorporates this protection directly into the burden of proof.

17. Fitness determination (§ 40-9-102(2)). Petitioner acknowledges that, before contact may be granted over a parent's objection (where parental rights have not been terminated), the Court must determine — after a hearing on notice — whether the objecting parent is a fit parent, with fitness turning on whether the parent adequately cares for the child.

18. Clear-and-convincing burden over a fit parent's objection (§ 40-9-102(4)). Petitioner understands and alleges that, where the objecting parent is fit, the Court may grant contact only upon a finding, by clear and convincing evidence, that:

(a) contact with Petitioner would be in the best interest of the child; and

(b) the presumption in favor of the fit parent's wishes has been rebutted.

Petitioner alleges this heightened standard is met for the reasons set forth in Section VII.

19. Burden over an unfit parent's objection (§ 40-9-102(3)). In the alternative, if the Court determines the objecting parent is unfit, the Court may grant contact upon a finding, by clear and convincing evidence, that contact is in the child's best interest.

VII. BEST INTERESTS OF THE CHILD AND REBUTTAL OF THE PRESUMPTION

20. Petitioner alleges, and will prove by clear and convincing evidence, that grandparent-grandchild contact is in the child's best interest and that the presumption favoring the fit parent's wishes is rebutted because (check all that apply):

☐ A strong, established, and beneficial bond exists between Petitioner and the child;

☐ The child has relied on Petitioner for emotional support and stability, and abrupt loss of contact would be harmful to the child;

☐ The parent's decision to deny all contact is not reasonably related to the child's welfare;

☐ Petitioner will support, and not undermine, the child's relationship with the parent(s) and will accept that Petitioner is not the parent;

☐ The requested contact is reasonable and limited and will not disrupt the child's routine or the parent-child relationship;

☐ Other facts rebutting the presumption: ____________________________________________

21. Child's preference (if of suitable age and maturity). ☐ The child has expressed a desire for contact with Petitioner. ☐ The child is too young to express a meaningful preference.

22. Representation for the child (§ 40-9-102(6)-(7)). Petitioner ☐ requests ☐ does not request that the Court appoint an attorney to represent the child's interests and/or a guardian ad litem to represent the child's best interest.

VIII. REQUESTED CONTACT SCHEDULE

23. Petitioner requests the following reasonable grandparent-grandchild contact:

IX. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

A. Take jurisdiction of this cause and set the matter for hearing on notice as required by Mont. Code Ann. § 40-9-102(2);

B. Determine the fitness of any objecting parent and, as appropriate, appoint an attorney for the child and/or a guardian ad litem;

C. Find, by clear and convincing evidence, that grandparent-grandchild contact is in the best interest of the child and — as to any fit objecting parent — that the presumption in favor of the parent's wishes has been rebutted;

D. Enter an order granting Petitioner reasonable, defined grandparent-grandchild contact as set forth in Section VIII, including telephone/electronic contact and transportation arrangements;

E. Reserve jurisdiction to modify or enforce the order as the child's best interest may require; and

F. Grant such other and further relief as the Court deems just and proper.

DATED this ____ day of __________, 20____.

_________________________________
[GRANDPARENT NAME], Petitioner

_________________________________
[ATTORNEY NAME] (Mont. Bar No. __________)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner

X. VERIFICATION

STATE OF MONTANA )
) ss.
COUNTY OF [COUNTY] )

I, [GRANDPARENT NAME], being first duly sworn, depose and state that I am the Petitioner in the foregoing Petition, that I have read it, and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[GRANDPARENT NAME], Petitioner

SUBSCRIBED AND SWORN to before me this ____ day of __________, 20____.

_________________________________
Notary Public for the State of Montana
[SEAL]
My commission expires: __________

XI. CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Petition was served upon the following by the method indicated:

DATED this ____ day of __________, 20____.

_________________________________
[ATTORNEY NAME / PETITIONER]

NOTICE TO RESPONDENT

You have been served with a Petition for Grandparent-Grandchild Contact. You are required to file a written response within twenty-one (21) days after service (Mont. R. Civ. P. 12(a)) and may appear and be heard at any hearing set by the Court. If you object to contact, the Court will hold a hearing to determine your fitness as a parent before any contact may be ordered. Failure to respond may result in entry of an order granting the relief requested. You have the right to be represented by an attorney.

ATTACHMENTS

☐ UCCJEA affidavit (Mont. Code Ann. § 40-7-108)
☐ Evidence supporting clear-and-convincing showing (records of prior contact and care; correspondence; witness affidavits)
☐ Notice to DPHHS (if the child is/was subject to a Title 41 or Title 40 proceeding)
☐ Proposed Order Granting Grandparent-Grandchild Contact
☐ Filing fee or motion to waive fees

SOURCES & REFERENCES

• Mont. Code Ann. § 40-9-102 — Grandparent-grandchild contact; fit-parent determination; clear-and-convincing standard; once-every-two-years limitation; GAL; adoption termination. https://law.justia.com/codes/montana/title-40/chapter-9/part-1/section-40-9-102/
• Mont. Code Ann. § 40-9-101 et seq. — Grandparent-Grandchild Contact (Chapter 9).
• Mont. Code Ann. § 40-7-201 et seq. — Montana UCCJEA (home-state jurisdiction; UCCJEA affidavit, § 40-7-108).
• In re Parenting of K.J.K. (King v. Chilcott), 2020 MT 224 — Applies § 40-9-102 and the Snyder fit-parent/parental-deference framework.
• Polasek v. Omura, 2006 MT 103, 332 Mont. 157, 136 P.3d 519 — Fit-parent presumption and clear-and-convincing standard under § 40-9-102. [verify exact citation/pinpoint before filing]
• Troxel v. Granville, 530 U.S. 57 (2000) — Fit-parent presumption; "special weight" to a parent's decision.

This Petition is provided for informational purposes only. Montana imposes a clear-and-convincing burden on the grandparent to rebut the fit-parent presumption. Verify all case citations and confirm the once-every-two-years limitation before filing. Consult a Montana family-law attorney.