Montana Code 42-5-107. Best interests of child
42-5-107. (Temporary) Best interests of child. (1) In determining whether to grant a petition to adopt, the court shall consider all relevant factors in determining the best interests of the child. The court shall consider factors relevant to the determination of a prospective adoptive parent‘s parenting ability, the future security for a child, and familial stability.
Terms Used In Montana Code 42-5-107
- 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
- Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible 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
- Department: means the department of public health and human services, provided for in 2-15-2201. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)In a contested adoption proceeding involving a child, the court shall consider the factors set out in subsection (1) and shall also consider:
(a)the nature and length of any relationship already established between a child and any person seeking to adopt the child;
(b)the nature of any family relationship between the child and any person seeking to adopt the child and whether that person has established a positive emotional relationship with the child;
(c)the harm that could result to the child from a change in placement;
(d)whether any person seeking to adopt the child has adopted a sibling or half-sibling of the child;
(e)which, if any, of the persons seeking to adopt the child were selected by the placing parent or the department or agency whose consent to the adoption is required.
(3)In an Indian child placement, the court shall determine if the requirements of the federal Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, have been met. (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)