What court handles a Montana guardianship of a minor case?

The district court for the county where the child lives. Montana has no separate probate or family court, so the same district court that hears other civil matters handles a minor guardianship, sitting in its general probate capacity.

Is there an official Montana guardianship of a minor petition form?

Montana's Judicial Branch publishes a statewide self-help packet with Form GM-110, Petition for Guardianship of a Minor Child, along with companion forms for the oath, parental consent, a minor's nomination, notice, and the final order. The packet is not adopted as a mandatory form by court rule, but it instructs filers not to change the forms, and county courts expect its use, so the court's version controls.

How long can a temporary guardian serve in Montana?

If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian of a minor, but that authority cannot last longer than 6 months.

Who has to be notified about a Montana guardianship petition?

The minor if 14 or older, the person who has had principal care and custody of the child during the 60 days before the petition, and any living parent. Notice is generally required at least 14 days before the hearing, but unlike some states, a Montana judge may shorten or change that timing for good cause.

Does a Montana child have to consent to a guardianship?

A minor 14 or older must receive notice of the hearing and may nominate their own guardian on Form GM-400, and the court must appoint that nominee unless it finds the appointment contrary to the minor's best interest.

What if a Montana parent doesn't consent to the guardianship?

Parental consent, collected on Form GM-300, is not required to file. The official packet cautions that it may be harder to prove the appointment serves the child's best interest without it. Separately, before the court can appoint any guardian, it must find that all of the parents' rights of custody have been terminated, or that the parents' rights have been suspended or limited by circumstances or a prior court order.

Will a Montana court investigate the proposed guardian?

Montana has no statutory background check, mandatory court investigator, home study, or guardian training requirement for a private guardianship of a minor. The court may order the state public defender's office to appoint counsel for the minor only if it determines the minor's interests are or may be inadequately represented.

Is a bond required for a Montana guardian of a minor?

No bond statute applies to a guardianship of the person. A minor's property is handled separately through a conservatorship, which this petition does not cover.

Does Montana guardianship of a minor end a parent's rights?

No. A guardianship does not terminate a parent's rights and is not adoption. The official packet states that parental rights are only suspended while the guardianship is in place, and a parent may later petition to remove the guardian based on the child's best interest.

Is there a way to get authority over a Montana child without filing this petition?

A parent or guardian can sign Montana's power of attorney for care, custody, or property of a minor child, delegating authority for up to 6 months. It is not filed with a court and is not a guardianship.

Montana Guardianship of a Minor Petition

Montana hears this petition in the district court for the county where the child lives, uses the statewide self-help packet's Form GM-110 rather than a court-mandated form, requires a finding that all of the parents' rights of custody are already terminated, or that the parents' rights are suspended or limited, before the court can even weigh the child's best interest, and caps a temporary guardian's authority at 6 months.

Find out where you stand in Montana

Where are you with the guardianship?

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Introduction

A Montana guardianship of a minor is filed in the district court for the county where the child lives; there is no separate probate or family court. Filers use the statewide self-help packet's Form GM-110, Petition for Guardianship of a Minor Child; it is not court-rule mandatory, but the packet instructs filers not to change it, and the court's version controls. Before weighing best interest, the court must find all of the parents' rights of custody terminated, or the parents' rights suspended or limited by circumstances or a prior order. The court may appoint a temporary guardian, capped at 6 months. Notice goes to the minor if 14 or older, whoever has had principal care and custody during the preceding 60 days, and any living parent, generally at least 14 days beforehand, though a judge may shorten it for good cause. Parental consent is not required to file, and the court must appoint a guardian nominated by a minor 14 or older unless contrary to the minor's best interest. Montana has no statutory background check, mandatory investigator, home study, or guardian training requirement here, and no bond applies to a guardianship of the person. This does not terminate a parent's rights and is not adoption; rights are only suspended, and a parent may later petition to remove the guardian based on the child's best interest. A parent who only needs to delegate care can instead sign a power of attorney for a minor child, capped at 6 months. If the child is in danger, contact Montana's child protective agency or seek a protective order. Attorney review is available before filing.

Key Things to Know

1
Montana guardianship of a minor is filed in the district court for the county where the child lives, since Montana has no separate probate or family court. Filers use the statewide packet's Form GM-110, Petition for Guardianship of a Minor Child; it is not a court-rule-mandated form, but courts expect it and the court's version controls. Before appointing a guardian, the court must find that all of the parents' rights of custody have been terminated, or that the parents' rights have been suspended or limited by circumstances or a prior court order.
2
If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian, but that authority cannot last longer than 6 months.
3
Notice of the hearing must go to the minor if 14 or older, to the person who has had principal care and custody of the child during the 60 days before the petition, and to any living parent, generally at least 14 days beforehand, though a judge may shorten or change that period for good cause.
4
Parental consent is not required to file, though the official packet warns it may be harder to prove the appointment serves the child's best interest without it. A minor 14 or older may nominate a guardian on Form GM-400, and the court must appoint that nominee unless doing so is contrary to the minor's best interest.
5
Montana has no statutory background check, mandatory court investigator or home study, or guardian training course for this proceeding. The court may appoint counsel for the minor only if the minor's interests appear inadequately represented, and no bond applies to a guardianship of the person.
6
A Montana guardianship does not terminate a parent's rights and is not adoption. The official packet states that parental rights are only suspended while the guardianship is in place, and a parent may later petition to remove the guardian based on the child's best interest.
7
A parent who only needs to delegate care, without this petition, can sign Montana's power of attorney for care, custody, or property of a minor child, which is capped at 6 months.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Montana, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

MONTANA [ORDINAL DISTRICT NUMBER] JUDICIAL DISTRICT COURT [COUNTY] COUNTY

IN THE MATTER OF THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

Cause No. [CASE NUMBER]

PETITION FOR GUARDIANSHIP OF A MINOR CHILD (Prepared to accompany Form GM-110 of the Montana Judicial Branch's Guardianship of a Minor Child packet; the court's version of the form controls)

PETITIONER Petitioner [PETITIONER FULL NAME], residing at [PETITIONER ADDRESS], respectfully petitions this court for appointment as guardian of the person of the minor named below. Petitioner's relationship to the minor is [RELATIONSHIP TO CHILD].
THE MINOR Name: [CHILD'S FULL NAME] Date of birth: [CHILD'S DATE OF BIRTH] Current residence: [CHILD'S CURRENT ADDRESS], in [COUNTY] County, Montana.
PARENTS Mother: [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR WHEREABOUTS UNKNOWN]. Father: [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR WHEREABOUTS UNKNOWN]. Consent status: [PARENT CONSENT STATUS, INCLUDING WHETHER A PARENT HAS SIGNED FORM GM-300, OBJECTS, HAS NOT RESPONDED, OR HAS WHEREABOUTS UNKNOWN].
WHY GUARDIANSHIP IS NEEDED A guardian is needed because [FACTS SHOWING ALL OF THE PARENTS' RIGHTS OF CUSTODY HAVE BEEN TERMINATED, OR THE PARENTS' RIGHTS HAVE BEEN SUSPENDED OR LIMITED BY CIRCUMSTANCES OR A PRIOR COURT ORDER, AND WHY APPOINTMENT SERVES THE MINOR'S BEST INTEREST, INCLUDING THE MINOR'S INTEREST IN CONTINUITY OF CARE]. Nomination by a minor 14 years of age or older on Form GM-400: [NAME OF NOMINEE, OR NONE].
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old, resides at the address above, and is able to provide for the minor's [HEALTH, EDUCATION, AND SUPPORT NEEDS] because [FACTS SHOWING PETITIONER'S QUALIFICATIONS].
SCOPE OF GUARDIANSHIP REQUESTED Petitioner requests appointment as guardian of the person of the minor.
BOND This petition seeks guardianship of the person only. Petitioner requests that no bond be required.
TEMPORARY GUARDIANSHIP Temporary guardian requested pending the hearing: [YES OR NO]. Facts showing a temporary guardian is necessary: [FACTS, OR NONE]. A temporary guardian's authority may not last longer than 6 months.
RELIEF REQUESTED Petitioner asks the court to: a. Find that all of the parents' rights of custody have been terminated, or that the parents' rights have been suspended or limited by circumstances or a prior court order; b. Appoint petitioner guardian of the person of the minor; c. Issue Letters of Guardianship; and d. Grant such other relief as the court deems proper.

VERIFICATION I, [PETITIONER FULL NAME], swear or affirm under penalty of perjury under Montana law that I have read the foregoing petition and that the matters stated in it are true to the best of my knowledge, information, and belief.

Executed on [DATE] at [CITY, MONTANA].

[SIGNATURE] [PETITIONER FULL NAME] [ADDRESS] [PHONE] [EMAIL]

Montana Requirements for Guardianship of a Minor Petition

District Court of the County Has Venue
A Montana guardianship of a minor is filed in the district court for the county where the child lives; Montana has no separate probate or family court to hear the case.
Self-Help Form GM-110 Is the De Facto Standard
Montana's Judicial Branch publishes Form GM-110, Petition for Guardianship of a Minor Child, as part of a statewide self-help packet. It is not adopted as a mandatory form by court rule, but courts expect its use and the court's version controls.
Threshold Finding on Custody Rights Required
Before it can appoint a guardian, the court must find that all of the parents' rights of custody have been terminated, or that the parents' rights have been suspended or limited by circumstances or a prior court order (Mont. Code Ann. § 72-5-222).
Temporary Guardianship Capped at 6 Months
If necessary, the court may appoint a temporary guardian with the status of an ordinary guardian, but that authority cannot last longer than 6 months (Mont. Code Ann. § 72-5-224).
Notice to the Minor, Caretaker, and Parents
Notice of the hearing must go to the minor if 14 or older, to whoever has had principal care and custody of the child during the 60 days before the petition, and to any living parent, generally at least 14 days beforehand, though the court may shorten or change that period for good cause (Mont. Code Ann. §§ 72-5-225, 72-1-301).
Minor's Right to Nominate a Guardian at 14
A minor 14 or older may nominate their own guardian, and the court must appoint that nominee unless the court finds the appointment contrary to the minor's best interest (Mont. Code Ann. § 72-5-223).
No Mandatory Investigation, Training, or Bond for a Guardian of the Person
Montana imposes no statutory background check, mandatory court investigator or home study, or guardian training requirement, and no bond applies to a guardianship of the person. The court may appoint counsel for the minor only if the minor's interests appear inadequately represented (Mont. Code Ann. § 72-5-225(3)).
Guardianship Does Not Terminate Parental Rights
A Montana guardianship does not terminate a parent's rights and is not adoption. The official packet states that parental rights are only suspended while the guardianship is in place, and any person interested in the child's welfare, including a parent, may petition to remove the guardian on the ground that removal is in the child's best interest (Mont. Code Ann. § 72-5-234).
Power of Attorney Alternative Capped at 6 Months
A parent or guardian may instead delegate care, custody, or property authority through Montana's power of attorney for a minor child, without filing a guardianship petition, for a period not exceeding 6 months (Mont. Code Ann. § 72-5-103).

Find out where you stand in Montana

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Montana Requirements for Guardianship of a Minor Petition

District Court of the County Has Venue

Self-Help Form GM-110 Is the De Facto Standard

Threshold Finding on Custody Rights Required

Temporary Guardianship Capped at 6 Months

Notice to the Minor, Caretaker, and Parents

Minor's Right to Nominate a Guardian at 14

No Mandatory Investigation, Training, or Bond for a Guardian of the Person

Guardianship Does Not Terminate Parental Rights

Power of Attorney Alternative Capped at 6 Months

Frequently Asked Questions