Montana Code 42-4-115. Motion to enter adoption decree
42-4-115. Motion to enter adoption decree. (1) The prospective adoptive parent may file a motion for entry of an adoption decree no sooner than 6 months after the court has granted temporary custody to the prospective adoptive parent.
Terms Used In Montana Code 42-4-115
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
(2)The motion must be supported by the following documents:
(a)the postplacement evaluation prepared pursuant to 42-4-113; and
(b)an updated list of all disbursements made in connection with the adoption proceeding.
(3)A notice of hearing is not required for any party whose parental rights have been terminated in prior proceedings.
(4)The court shall consider the petition and shall grant or deny the petition pursuant to the provisions of 42-4-405 and 42-5-101 through 42-5-109.
(5)If the petition to adopt is denied, the court shall provide notice to the placing parent that the petition has been denied and shall take appropriate action for placement of the child pursuant to 42-5-106.
(6)Finality of the decree or the order denying the decree and the time for appeal are determined pursuant to 42-5-203.