Can I adopt my stepchild if the bio parent only sends texts to my spouse but never contacts the child in Montana?

Possibly, but it depends on your facts. Montana sets a 6-month abandonment period under Mont. Code Ann. § 42-2-608. If the biological parent has had no contact with your stepchild, that may be relevant. Whether texts that go only to your spouse change the picture is for the Montana District Court to decide in your case.

Why the texts matter. Messages sent to your spouse are not the same thing as contact with the child. A judge will look at what actually happened between the parent and the child over the 6-month period. Because this is a fact question, an attorney or the District Court clerk in your county can tell you how it is likely to be viewed for your situation.

What to gather now. Whatever the outcome, clear records help. You may want to put together:

• The dates of any visits, calls, cards, gifts or messages directed to the child
• Screenshots of the texts to your spouse, showing dates and what they said
• A timeline showing the last time the parent had any contact with the child
• Notes on any child support or custody communication, if it exists

Other Montana basics that apply to your situation:

• Court: Your case is filed in the District Court. Montana has 56 counties, and the clerk in your county can answer local filing questions, including the current filing fee.
• Residency: Montana has no minimum residency period for a stepparent adoption (Mont. Code Ann. § 42-1-104(1)).
• Child's consent: Montana sets a child consent age of 12 (Mont. Code Ann. § 42-2-301). If your stepchild is 12 or older, that applies to your case.
• Home study: Montana waives the home study for stepparent adoptions (Mont. Code Ann. § 42-4-309).
• Timeline: Stepparent adoptions in Montana typically take 3-6 months.

If the parent objects or the facts are unclear. If the biological parent may contest the adoption, or if you are unsure how their contact will be treated, talk with a Montana family law attorney or the District Court clerk about that specific issue. How a judge weighs sporadic or indirect communication is not something a form can settle for you.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The cost is $349 for the first child, plus $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions. We have helped 151 Montana families, and our service comes with a 100% court acceptance guarantee.