Skip to main content
Find a Lawyer

Montana Title 42. Adoption § 42-5-106. Granting petition for adoption--denial of petition

Current as of January 01, 2024 | Updated by Findlaw Staff

(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:

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Montana Title 42. Adoption § 42-5-106. Granting petition for adoption--denial of petition - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-42-adoption/mt-st-42-5-106/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard