Does incarceration count as abandonment for adoption in Montana?

Montana's abandonment provision, Mont. Code Ann. § 42-2-608, uses a 6-month period, and whether a parent's incarceration counts as abandonment depends on the facts of your situation. Being in prison is a circumstance, and the statute's period is what the court looks at, so the details of your case matter.

What the 6-month period means for you: Montana sets abandonment at 6 months. Whether a parent's time in prison, and what happened during it, meets that standard is a question for the District Court in your county. For a contested or unclear situation, ask the District Court clerk or an attorney about your specific facts.

Facts worth gathering: Before you start, it helps to write down:

• When the other parent was last in contact with your child, and in what form
• Any letters, cards, calls or visit requests during the incarceration, and their dates
• Any support or gifts sent, and when
• The date incarceration began and the expected release date, if you know it
• Whether the other parent has been told about your plans

Accurate, dated information lets your paperwork describe your situation clearly and honestly.

If the other parent objects: An objection or a contested case depends on the particular facts. For that, talk with an attorney or the District Court clerk rather than relying on a general answer.

Other Montana points that may apply to you:

• Court: Your petition is filed in the District Court. Montana has 56 counties, and the clerk in your county can confirm local filing details and fees.
• Residency: Montana has no minimum residency period for a child adoption (Mont. Code Ann. § 42-1-104(1)).
• Your child's consent: A child who is 12 or older has a consent role under Mont. Code Ann. § 42-2-301.
• Home study: For stepparent adoptions, the home study is waived under Mont. Code Ann. § 42-4-309.
• Timeline: Stepparent adoptions in Montana typically take 3-6 months.

A note on timing: If the other parent is still in prison, you do not necessarily have to wait for release to begin preparing. Whether and how to proceed while he or she is incarcerated is something to confirm with the District Court clerk or an attorney, since it turns on your family's facts.

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 and $99 for each additional child.