The biological parent hasn't seen my child in over a year. Can I adopt in Montana?

Yes, you may well be able to adopt. The time you describe is longer than Montana's six-month abandonment period in Mont. Code Ann. § 42-2-608. Whether your situation counts as abandonment is a decision for the District Court, based on your family's facts.

What the six-month period means for you. Montana uses six months as its abandonment period. Having gone past it puts you in a position worth pursuing, but it is not a guarantee. Details such as why contact stopped, whether the other parent has tried to stay involved, and whether they object are the kinds of facts a judge looks at. If the other parent is likely to contest the adoption, or you don't know where they are, talk with an attorney or the District Court clerk in your county about that specific issue.

Other Montana points that apply to you:

• Court: Your adoption is filed in the District Court in your county. Montana has 56 counties.
• Residency: Montana has no minimum residency period for a stepparent adoption (Mont. Code Ann. § 42-1-104(1)).
• Child's consent: If your child is 12 or older, the child's consent is part of the process (Mont. Code Ann. § 42-2-301).
• Home study: It is waived for stepparent adoptions (Mont. Code Ann. § 42-4-309), so you don't need to schedule a social worker's visit.
• Termination: Montana does not treat termination of the other parent's rights as a separate case.
• Timeline: Stepparent adoptions in Montana typically take 3-6 months.

Questions for the clerk. Court filing fees, local forms, and how notice to the other parent is handled can differ by county. The District Court clerk where you live can confirm the current fee and the local filing steps.

What to gather now. Whatever you have that shows the history of contact, such as dates of the last visit, calls, messages, or support, will help you answer questions accurately. You don't have to present it as a legal argument, just keep it organized and honest.

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 price is $349 for the first child and $99 for each additional child, and your court-ready documents arrive within 24-48 hours after you finish the questions. We back the work with a 100% court acceptance guarantee. We have helped 151 Montana families and more than 34,000 families nationally since 2001.