Montana Code 42-5-106. Granting petition for adoption — denial of petition
42-5-106. Granting petition for adoption — denial of petition. (1) The court shall issue a decree of adoption awarding custody of the child to the petitioners based on the evidence received if it determines that:
Terms Used In Montana Code 42-5-106
- 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
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Relinquishment: means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual. See Montana Code 42-1-103
(a)the child has been in the physical custody of the petitioners for at least 6 months, unless the court for good cause shown waives this requirement pursuant to 42-4-205 or 42-4-309;
(b)notice of hearing on the petition for adoption was properly served or dispensed with;
(c)every necessary consent, relinquishment, waiver, disclaimer, or judicial order terminating parental rights has been obtained and filed with the court;
(d)any evaluation required by this title has been filed with and considered by the court; and
(e)the adoption is in the best interests of the child.
(2)If the petition for adoption is denied, the court shall dismiss the petition and enter an appropriate order as to the future custody of the child according to the best interests of the child.