Can I adopt my stepchild in Montana if the bio parent only has supervised visitation?

Yes, you can pursue a stepparent adoption in Montana even if your stepchild's other parent has only supervised visitation. The supervised-visitation order doesn't end the matter, but it doesn't settle it either. What the court looks at is the other parent's actual involvement, and that depends on your family's facts.

Why the visitation history matters: Montana sets an abandonment period of 6 months (Mont. Code Ann. § 42-2-608). If the other parent has a supervised-visitation order but has not used it, the length and pattern of that absence may be important. If the parent still visits regularly, the situation is different. How the District Court treats either scenario is a fact-specific question. For your exact circumstances, ask an attorney or the District Court clerk in your county.

Other Montana points that apply to your case:

• Court: You file in the District Court. Montana has 56 counties, and the clerk in your county can tell you about local filing procedures and the current court filing fee.
• Termination: Montana does not treat termination of the other parent's rights as a separate case for a stepparent adoption. Your situation is handled within the adoption.
• Residency: Montana has no minimum residency period for filing (Mont. Code Ann. § 42-1-104(1)).
• Your stepchild's consent: A child who is 12 or older has a consent role in the adoption (Mont. Code Ann. § 42-2-301).
• Home study: It is waived in this type of adoption (Mont. Code Ann. § 42-4-309).
• Timeline: Stepparent adoptions in Montana typically take 3-6 months.

What to gather before you start:

• A copy of the current custody and visitation order, including the supervision terms.
• Any record of whether the other parent has attended visits, such as supervisor notes, messages, or calendars. Dates matter, so be as specific as you can.
• Information about when the parent last had contact with your stepchild and whether the parent has provided any support. Include anything else you think the court might want to know.

If the other parent is still active or objects: The case may become contested. A contested case is where an attorney's advice about your specific facts is most valuable. If the parent is willing to consent, the process is usually more straightforward, but ask the clerk or an attorney how consent must be given in your county.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, including the details of the supervised-visitation order and the parent's contact history. We then prepare the complete court document package for your county. You file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and the package is backed by our 100% court acceptance guarantee. We have helped 151 Montana families, and more than 34,000 families nationally since 2001.