Montana Legal Ages Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 14, 2022
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Montana, as do many other states, recognizes 18 years old as the "age of majority," at which point residents are legally considered adults (as opposed to "minors"). But Montana legal ages laws also govern a minor's eligibility for emancipation, the legal capacity for signing a contract or consenting to medical treatment. Also, the legal age for alcohol and tobacco consumption in all states is 21. Any minor petitioning a Montana court for emancipation — that is, being declared an adult in the eyes of the law — must be a Montana resident, 16 years old, and able to support and manage one's own affairs.
This article provides a brief overview of legal age statutes in the state of Montana.
Montana Age Statutes: At a Glance
The table below highlights some of the main provisions of Montana's legal ages laws. See Emancipation of Minors and Parental Liability Basics for related information.
Age of Majority |
18 (M.C.A. § 41-1-101) |
---|---|
Eligibility for Emancipation |
|
Contracts by Minors |
|
Minors' Ability to Sue |
A minor may enforce their rights by civil action or other legal proceedings in the same manner as a person of full age, except that a guardian shall conduct the action or proceedings (M.C.A. § 41-1-202) |
Minors' Consent to Medical Treatment |
Yes, if emancipated; separated from parents and self-supporting; pregnant; has a communicable disease, or addicted to alcohol or drugs; has had a child or graduated from high school; needs emergency care (M.C.A. § 41-1-402) |
Legal Age for Alcohol, Tobacco, E-cigarettes, and Marijuana Purchase and/or Consumption |
21 (M.C.A. Title 16, Chapter 6) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Montana Code
- Official State Codes -- Links to the official online statutes (laws) in all 50 states and D.C.
Montana Legal Ages Laws: Related Resources
- Montana Marriage Age Requirements Laws
- Juveniles and Age ("Status") Offenses
- Juvenile Justice: Background
Next Step: Speak with a Skilled Lawyer
Whether you are looking to file a lawsuit, get emancipated, or get certain types of healthcare, you'll want to know the law in Montana and how it may impact your ability to do any of those things. To learn more about the rights and obligations you have as both a young person and an adult, you should speak with a Montana family law attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- Family law matters are often complex and require a lawyer
- Lawyers can protect your rights and seek the best outcome
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
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