Legal Question in Family Law in Montana

Re: The rights of my Daughter who was adopted and wants to return to me, Her bio

"I would like to know of my daughter can request to come to live with me on a full time basis. She is sixteen now and has said whe wants to come home?"

This is not legal advice, it's a general answer to your general question. With that warning in mind, generally speaking -- sure, she can request it but it's up to her biological residential parent and her adoptive parent. To adopt her, her step-parent had to petition the court to terminate your parental rights and allow him or her to adopt the child OR step-parent had to petition the court to allow the adoption and had to submit your voluntarily relinquishment of your parental rights. Additionally, the petitioner's spouse (the other biological parent) had to consent to the adoption. They had to jump through legal hoops because termination of parental rights is permanent.

They can agree with daughter and allow her to come live with you but they are not required to do that because you have no longer have legal standing to seek custody.

The only alternative I can think of is if your daughter is adamant, and if circumstances are such that the court would remove her from her home anyway, and if your daughter petitions the court to place her with you (she would be acting through her own attorney or possibly through a guardian ad litem). If the court agreed with your daughter (changing custody is tough enough, and this will be tougher), it would issue a custody order that would grant to you legal rights you gave up earlier.

Get some legal advice on this complex issue. [However, my case load prevents me from giving you further advice.]