What is an abandonment affidavit for adoption in Montana?

An abandonment affidavit in Montana is a written statement, signed under oath, that describes how long and in what ways the child's other biological parent has been out of the child's life. It gives the District Court in your county the facts about that parent's absence in a stepparent adoption where the other parent has not consented. Montana's abandonment period is 6 months under Mont. Code Ann. § 42-2-608, so the affidavit centers on that timeframe.

What the affidavit usually covers:

• Last contact: the date and nature of the last time the other parent saw, called or wrote to the child.
• The absence itself: visits, calls, cards, messages or other contact that did not happen, described specifically.
• How long it has lasted: a clear timeline, so the court can compare it to Montana's 6-month period.
• Support: whether the other parent has paid anything toward the child's care. How the court weighs support is a question for the District Court clerk or an attorney.
• Efforts to stay in touch: any attempts you or your spouse made to help the other parent reach the child, and how the parent responded.

Who typically signs it: Usually it is the child's custodial parent, your spouse, since they have firsthand knowledge of the other parent's involvement. You may add your own statement about what you have seen in the home. The clerk in your county can tell you about any local formatting or notarizing preferences.

Why detail matters: The affidavit works best when it is specific, accurate and honest. Dates, places and examples are far more useful than general statements like "he's never around." Stick to what you personally know, and don't exaggerate. If a fact is uncertain, say so plainly.

When your situation is more complicated: Every family's facts are different. If the other parent has contacted the child during the past 6 months, objects to the adoption, or cannot be located, how the court handles it depends on those facts. Please ask the District Court clerk in your county about procedure, or an attorney about your specific case. This answer is general information, not legal advice.

Where the affidavit fits in the process: The affidavit is one piece of your adoption paperwork. Montana's data shows the typical stepparent adoption takes about 3-6 months from start to finish. Because the affidavit is part of the filing, it helps to have it ready and accurate from the beginning.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about your family and the other parent's absence, and we prepare the complete court document package for your county. You then file it yourself without an attorney. Court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. The price is $349 for the first child and $99 for each additional child. We have helped 151 Montana families, and more than 34,000 families nationally since 2001.