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Montana law outlines the circumstances in which paternity is presumed, for example, when the childs mother is married and the husband is presumed to be the father. Genetic testing may also serve as the basis for a presumption of paternity. Paternity may be acknowledged after a child is born.
There are 2 main ways to establish parentage when the childs parents are not married: Signing a voluntary declaration of parentage or paternity, OR. Getting a court order (either on your own or with the help of the Local Child Support Agency).
Fam. Code 160.602. However, a person may not be adjudicated to be a childs father unless the court has personal jurisdiction over that person. There is no statute of limitations to bring a suit to determine paternity, meaning the suit can be brought even after the child is an adult.
The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the child.
Montana uses a parenting time percentage in its child support formula to determine the amount of child support in your divorce case. Besides income, parenting time percentages are a key part of the Montana child support formula. Your parenting time directly affects your child support, whether you pay or receive.
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During this hearing, the parties can testify, have witnesses testify and submit evidence, including the blood or DNA tests. Once all the evidence is submitted, the court decides whether there is proof of paternity or whether the case should be dismissed.
The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the child.
To add your name to the Putative Father Registry download and complete the form entitled Putative Father Registry Form . The form may be mailed, faxed or delivered to the Office of Vital Records, Department of Public Health and Human Services, PO Box 4210, 111 N Sanders, Room 6, Helena, MT 59601, FAX (406) 444-1803.
There is no filing fee when a man who believes he is the father of a child files a paternity case or when the prosecutor brings a paternity case. There is a $20 filing fee for a Motion for Genetic Testing if filed by the mother.
A mother, father, or child can file a court action asking the Montana district court to determine paternity. Usually, this happens when a father refuses to voluntarily sign an acknowledgement, or when a mother and father do not agree on paternity.

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