Montana § 42-5-301 - Visitation And Communication Agreements
Full text of Montana Montana Code Annotated § 42-5-301 — Visitation And Communication Agreements, with citation guidance and answers to common questions.
§ 42-5-301. Visitation And Communication Agreements
Visitation and communication agreements. (1) Except as otherwise provided in this title, a decree of adoption terminates any existing order or written or oral agreement for contact or communication between the adoptee and the birth parents or family. (2) Any express written agreement entered into between the placing parent and the prospective adoptive parent after the execution of a relinquishment and consent to adoption is independent of the adoption proceedings, and any relinquishment and consent to adopt remains valid whether or not the agreement for contact or communication is later performed. Failure to perform an agreement is not grounds for setting aside an adoption decree. (3) A court may order that an agreement for contact or communication entered into under this section may not be enforced upon a finding that: (a) enforcement is detrimental to the child; (b) enforcement undermines the adoptive parent's parental authority; or (c) due to a change in circumstances, compliance with the agreement would be unduly burdensome to one or more of the parties.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 42-5-301
What does Montana Code Annotated § 42-5-301 cover?
Section 42-5-301 ("Visitation And Communication Agreements") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 42-5-301?
A common citation format is "Montana Code Annotated § 42-5-301" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 42-5-301 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.