One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Montana?

Yes, you can pursue the adoption of both children in Montana, but the two fathers' situations are different, and the outcome for the child whose father does not consent depends on the facts of your case. The cooperating father's consent helps with one child. It does not settle the other child's adoption.

The child whose father consents: His written consent is the straightforward path for that child. The paperwork centers on his consent and your petition to the District Court.

The child whose father does not consent: This is where the details matter. Montana's abandonment provision, Mont. Code Ann. § 42-2-608, uses a six-month period. Whether this father's absence or lack of contact fits that provision is a fact-specific question that the District Court decides. If he has been in touch, has supported the child, or actively objects, your case may look different. For a contested situation or one where you are unsure of his whereabouts, talk to an attorney or the District Court clerk in your county about your specific facts. Montana does not require a separate termination case, so this question is addressed within the adoption itself.

Other Montana points that apply to both children:

• Court: You file in the District Court in your county. Montana has 56 counties, and your county's clerk can confirm local filing details and the current filing fee.
• Residency: Montana has no minimum residency period for a stepparent adoption (Mont. Code Ann. § 42-1-104(1)).
• Children 12 and older: Montana sets a child consent age of 12 (Mont. Code Ann. § 42-2-301). If either of your stepchildren is 12 or older, that child's own consent is part of the picture.
• Home study: Montana waives the home study for stepparent adoptions (Mont. Code Ann. § 42-4-309).
• Timeline: Stepparent adoptions in Montana typically run 3-6 months. A case where one father contests could take longer, and the court controls the schedule.

Questions to settle before you file:

• Does each father's consent exist in writing, or can it be obtained?
• For the father who has not consented, when was his last contact or support, and how does that compare with the six-month period?
• Do you know how to reach him so that he can be notified?
• Are either of the children 12 or older?

The clerk or an attorney can answer how the court handles notice to a non-consenting parent, whether both children's cases can be filed together, and what a contested case would involve. Those points depend on your situation, so confirm them locally.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.