What counts as abandonment for adoption purposes in Montana?

In Montana, abandonment for adoption purposes is tied to a six-month period under Mont. Code Ann. § 42-2-608, and the District Court in your county decides whether the facts of your situation meet it. If the other biological parent has been out of your child's life, this is the statute to look at.

The six-month period. Montana's abandonment period is six months. How the court counts those months, and which kinds of contact or support it weighs, depends on the facts of your case. The District Court clerk in your county or an attorney can tell you how that applies to you.

Contact and child support. You may wonder whether an occasional call, a single visit, or some child support payments change the picture. Those details can matter, and Montana courts look at the specific circumstances. Please confirm with the clerk or an attorney before assuming either way. This is especially important if the other parent disagrees with the adoption or you are unsure where they are.

One court case, not two. In Montana, ending the other parent's rights is not a separate proceeding that you file before the adoption. It is handled within the stepparent adoption case in your county's District Court. Montana has 56 counties, and you file in the District Court for yours.

Other Montana points that relate to this:

• Residency: Montana sets no minimum residency period for a child adoption (Mont. Code Ann. § 42-1-104(1)).
• Your child's consent: If your child is 12 or older, their consent is part of the process (Mont. Code Ann. § 42-2-301).
• Home study: A home study is waived for stepparent adoptions (Mont. Code Ann. § 42-4-309).
• Timeline: Stepparent adoptions in Montana typically take about 3-6 months.

When to get individual advice. Every abandonment situation is different. If the other parent is contesting, has stayed in touch in some way, or cannot be located, talk to an attorney about that specific issue. The District Court clerk can also confirm local filing steps and fees, though the clerk cannot give legal advice.

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. Your court-ready documents arrive within 24-48 hours after you finish the questions, and they come with our 100% court acceptance guarantee. We have helped 151 Montana families, and 34,000+ families nationally since 2001.