Montana Code 42-4-111. Custody order
42-4-111. Custody order. (1) The court shall consider the petition to adopt and shall make a determination as to whether temporary custody should be awarded to the petitioner. In making that determination, the court shall consider:
Terms Used In Montana Code 42-4-111
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. See Montana Code 42-1-103
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
- Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
- Placing parent: means a parent who is voluntarily making a child available for adoption. See Montana Code 42-1-103
- Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:
(a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and
(b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103
(a)the preplacement evaluation that pertains specifically to placement of the child who is the subject of the adoption petition with the petitioner; and
(b)if any significant change in the petitioner’s or child’s circumstances has occurred since preparation of the preplacement evaluation.
(2)Upon a determination that it is in the best interests of the child, the court shall enter an order granting temporary custody to the prospective adoptive parent.
(3)Upon a determination that it is not in the best interests of the child to place custody with the prospective adoptive parent, the court shall deny the petition to terminate parental rights of the placing parent and shall make any other order with regard to the custody of the child that is necessary to protect the well-being of the child.