Legal Question in Family Law in Montana

Stepparent adoption

I need to know where I can find the legal forms used in adoption procedings for a step-parent for a case in the sate of Montana.

Can the parent with custody give consent to the adoption without the noncustody parents consent?

According to section 42-4-304 of the MCA--1999, it would appear this is so. Is it?

How is this, if at all, affected by section 42-4-310 of the MCA--1999.


Asked on 12/07/00, 8:19 pm

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

Re: Stepparent adoption

Montana doesn't use forms such as the kind you might find at an office supply store. The stepparent files a petition for adoption. If the noncustodial parent does not consent to relinquish his/her parental rights, then the petitioner also must petition the court to terminate the noncustodial parent's parental rights.

Yes, the petitioner's spouse (the custodial parent) consents to the adoption no matter whether the noncustodial parent relinquishes his/her rights.

Read more
Answered on 12/09/00, 5:15 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Montana