What happens if the bio parent shows up at the hearing to contest adoption in Montana?

If the biological parent shows up at your Montana hearing and contests the adoption, the District Court judge decides what happens next, based on the facts of your case and Montana law. A contest is a fact-specific situation, so it helps to know what the court may look at and where to get answers for your own case.

What the judge may look at

• Abandonment. Montana's abandonment period is 6 months under Mont. Code Ann. § 42-2-608. If your case involves a parent who has been absent, the dates and details of their contact and support will matter. Whether those facts meet the statute is for the judge to decide.
• Your child's consent. In Montana, a child who is 12 or older has a consent role under Mont. Code Ann. § 42-2-301. If your child is that age, their wishes are part of the picture.
• Notice to the parent. Whether the parent was properly notified of the case can affect how a hearing goes. Ask the District Court clerk in your county what notice is required and how it is documented. Confirm this before you file, not at the hearing.

What does not change

Montana waives the home study in stepparent adoptions under Mont. Code Ann. § 42-4-309. A parent showing up does not change the paperwork you file, but it can change how the hearing is handled.

Timing

Stepparent adoptions in Montana typically take 3-6 months. A contested hearing can raise questions about scheduling, such as whether the judge sets another date or asks for more information. The clerk can tell you how your county's court handles that.

Before the hearing

• Keep records showing the biological parent's history with your child: messages, dates of visits, and any support paid or not paid.
• Make sure the court has current contact information for the other parent.
• Ask the clerk what the judge expects at a hearing where a parent objects.
• If you think a parent may contest, talk with a Montana family law attorney. Whether a parent's objection will succeed depends on their history and your child's situation, and an attorney can advise you on that.

At the hearing

Stay calm and speak respectfully, and let the judge run the conversation. Judges handle disagreements between parents regularly, and you do not have to argue with the other parent in the courtroom. Answer the judge's questions honestly and bring your documents.

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, or for one adult adoptee, and $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 151 Montana families, and more than 34,000 families nationwide since 2001. If you expect a contested hearing, we can prepare your paperwork, but you should consult an attorney about the hearing itself.