Petition for Stepparent Adoption
This form is to be used for a childs consent to stepparent Adoption.Download
Extracted Text for Proper Search
Adopting Your Step-Child Note: Use these instructions and forms to adopt your step-child. These instructions and forms may not be right for your case. They can not take the place of advice from a lawyer. Talk to a lawyer if you have any questions. Do not change these forms. If you c hange the forms, you might lose language you need. What Forms Will I Need to Adopt My Step-Child? You will need to fill out and file the fo llowing forms to adopt your step-child: Petition for Stepparent Adoption Agreement to Accept Temporary Custody Waiver of Parental Rights (unless the other parent’s rights have already been terminated) Consent to Stepparent Adoption Child’s Consent to Stepparent Adoption (only if your stepchild is 12 or older) Order Setting Hearing Stepparent Adoption Decree Affidavit of Inability to Pay (only if you cannot afford filing fees) The Petition asks the court to create a parent/child relationship between you and your step-child. It also asks the court to end the parent/child relationship between one of the parent’s of the child and the child. Adopting Your Step-Child, Page 1 of 7 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/03/2008 The Agreement to A ccept Temporary Custody tells the parent who is giving up parental rights to the ch ild that you will accept temporary custody of and provide care and support for your stepc hild until the Court makes a decision about the adoption. The Waiver of Parental Rights is filled out by the parent giving up custody, care, and control of the child. It tells the court that the parent is knowingly waiving his or her rights to the child. The Consent to Stepparent Adoption is filled out by your spouse, the child’s other parent. It tells the court that y our spouse wants you to adopt the child and understands that the ot her natural parent’s rights to the child are ended by the stepparent adoption. The Child’s Consent must be completed by the child you are adopting if the child is 12 years of age or older. It te lls the court that the child wants to be adopted by you. The Order Setting Hearing will be filled out by the Judge after s/he reads your Petition and decides when your hearing should be. The Stepparent Adoption Decree is filled out by the Court once the stepparent adoption is complete. It ends the child’s par ent/child relationship with one parent and creates a new parent/child relationship between the stepparent and the child. What Words Do I Need to Know? Petitioner- A Petitioner is someone who files an action in court. If you are the stepparent wanting to adopt your st epchild, you are the Petitioner. Adopting Your Step-Child, Page 2 of 7 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/03/2008 Relinquishing Parent- The relinquishing parent is the parent who is giving up custody, care, and control of the child so that the stepparent may adopt. Who Can Use the Forms? You can use these forms if: your spouse has legal and physical custody of the child; and the child has lived with you and your spouse during the 60 days before the Petition is filed; and the other parent of the child agrees in writing to give up his or her parental rights, or, the parental ri ghts of the other parent have already been terminated; and if the child being adopted is 12 y ears old or older, he or she wants to be adopted by you. Note: It may be possible to adopt your stepchild even if you have not met all of the conditions above. However, you can not use these forms to do so. Yo u should talk to a lawyer if you have any questions. What Do I Do With the Forms? 1 Fill out the Forms Fill out all the blanks on the Pe tition for Stepparent Adoption. Sign and date your Petition for Stepparent Adoption. Fill out all the blanks on the Agreement to Accept Temporary Custody. Sign and date your Agreement to Accept Temporary Custody in front of a Notary Public. Fill out the judicial district, c ounty, and caption on all of the other forms (Waiver of Parental Rights, Consent to Stepparent Adoption, Adopting Your Step-Child, Page 3 of 7 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/03/2008 Child’s Consent to Stepparent Adoption, Order Setting Hearing, and Stepparent Adoption Decree). The capti on looks like this: Montana _______________ Judici al District Court Number of the judicial district where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, ( Child’s Full Legal Name ) A minor child By: _______________ ___________ Petitioner ( Your Name) Cause No.: _________________ Filled out by Clerk of District Court Petition for Stepparent Adoption Give a copy of your signed Agreement to Accept Temporary Custody to the parent who is agreei ng to give up his or her parental rights. Have the relinquishing parent fill out the Waiver of Parental Rights. The Waiver must be signed by the relinquishing parent and notarized. If the parent’s rights have already been terminated you do not have to use this form Have your spouse fill out the C onsent to Stepparent Adoption. The Consent must be signed by y our spouse and notarized. If your stepchild is 12 years or older, have the child fill out the Child’s Consent to Stepparent Adopt ion. The Child’s Consent must be signed by the ch ild and notarized. Adopting Your Step-Child, Page 4 of 7 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/03/2008 Adopting Your Step-Child, Page 5 of 7 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/03/2008 2 Make Copies Make at least one copy of each form once they are filled out and signed. 3 File Forms at the Courthouse Go to the Clerk of District Court’s office in your county courthouse. Give the Clerk of District Court t he original Petition, Agreement to Accept Temporary Custody, Waiver of Parental Rights, Consent to Stepparent Adoption, Child’s Consent if your stepchild is 12 years or older, and Order Setting Hearing. If you cannot afford th e filing fees, ask the Clerk of District Court for an Affidavit of Inability to Pay. This form may be called something different in your county. Give the Clerk of Court a self-addressed stamped envelope. Be sure to ask the Clerk of Court to mail two conformed copies of the Order Setting Hearing to you after the judge signs it. If you do not have an Order of Inability to Pa y from the judge, you may be charged a fee for these copies. Give your copies to the Clerk of District Court and ask her to stamp them as “Filed”. Keep the copies in a safe place. 4 Wait for the Judge to Issu e an Order Setting Hearing When the judge sets a hearing date, you will get an Order Setting Hearing. The Order Setting Hear ing will tell you when and where your hearing will be held. 5 Fill out Your Stepparent Adoption Decree Fill in all the blanks that you can on the Stepparent Adoption Decree. If the judge grants your stepparent adoption s/he will sign the Decree after your hearing. Make one copy of your fill ed out Stepparent Adoption Decree. 6 Go to Your Hearing Bring your stamped copies of the documents you filed with the Court. Also bring your original and copy of your Stepparent Adoption Decree. Arrive at the courthouse at l east 15 minutes before your scheduled hearing. Dress like you were going to an important job interview. Check with the Clerk of Court’s offi ce to find the right courtroom for your hearing. Go to that courtroom and wait for the judge to call your name and case number. Reme mber to address the judge as “Your Honor.” Be prepared to answer any questions about your stepparent adoption. Important: Immediately after your hearing, take your signed Stepparent A doption Decree to the Clerk of District Court. You may want to ask the Clerk for several certified copies of the order. Where Can I Get More Information? The Montana Code Annotated (M.C.A.) contains the law on adopting your stepchild. The laws related to adopting your stepchild can be found in Title 42, Chapter 4, Part 3. The M.C.A. can be found at your local library or on the Montana State Law Library website at www.lawlibrary.mt.gov . Click on the “State Laws” option near the top of the page and select “MCA” from the list. Where Can I Get Legal Help? These organizations may be able to help you: Montana Legal Services Association (MLSA) gives free legal help to low and moderate-income people. To fi nd out if you qualify for MLSA, call the MLSA HelpLine at 1-800-666-6899. Adopting Your Step-Child, Page 6 of 7 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/03/2008 The State Bar La wyer Referral and Information Service (LRIS) refers people to Montana lawyers w ho might be able to help. The referral is free. Call LRIS at 1-406-449-6577. The State Law Library can help you find and use legal resources such as books, forms, and websites. You can visit the Law Library website at www.lawlibrary.mt.gov . Or you can contact a Reference Librarian at 1- 800-710-9827 or by email at [email protected] . Please take a short survey about these forms. When you are done with the forms, please take our online survey at this \ address: http://www.surveymonkey.com/s.asp x?sm=fCBbhb bJj4MdOWw_2fjsCjlg_3d_3d Or you can access the survey on the “Forms” page of the State Law Library website, at www.lawlibrary.mt.gov . Your answers will help make the forms better. Thank you! Adopting Your Step-Child, Page 7 of 7 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/03/2008 Petition for Stepparent Adoption, Page 1 of 5 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/11/2008 ________________________________ Your name __________________ ______________ Your mailing address __________________ ______________ City State Zip __________________ ______________ Your phone number Petitioner Pro Se Montana _______________ Judicial District Court Number of the judicial district where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, (Child’s Full Legal Name ) A minor child By: _______________ ___________ Petitioner ( Your Name) Cause No.: _________________ Filled out by Clerk of District Court Petition for Stepparent Adoption I would like to adopt my st epchild: ________________________________. ( Child’s Full Name) 1 Your Name, Address, and Age Name: _____________________ ________________________________ Address: ___________________ ________________________________ (Street Address ) ________________________ ___________________________________ ( City) ( State) ( Zip Code) How long have you lived at th is address? ___________ _______________ Your Age: ________________________ Petition for Stepparent Adoption, Page 2 of 5 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/11/2008 2 Marital Status I am currently married to: _____________________ _________________ ( Your spouse’s name) We were married in: _______ ___________________________________ ( City) ( State) on ( mm/dd/yyyy ): ___________________ ______________. 3 Child’s Information Full Name: _______________ ___________________________________ Birthplace: _______________ ___________________________________ ( City) ( State) Birthdate ( mm/dd/yyyy): ________________________ _______________ 4 Physical and Legal Custody of the Child The child lives with: __________________________________________. ( Name of Natural Parent Child lives with ) This parent has legal and physical cust ody of the child. The child has lived with this parent since ( mm/dd/yyyy): ______________. Check if Applicable: A parenting plan or custody agreement regarding this child was entered on ( mm/dd/yyyy): __________________ by the ( Name of Court: ) __________________________ in (County: ) , (State: ) A copy of the order is attached to this Petition. 5 Child’s Relationship to Me My spouse is the Mother/ Father of the child. The child has lived with and been in my physical custody since ( mm/dd/yyyy): _______________. Petition for Stepparent Adoption, Page 3 of 5 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/11/2008 6 My Spouse’s Consent My husband’s/ wife’s consent to my adoption of the child is attached to this Petition. 7 The Other Parent Choose One: The child’s other parent has relinquished his parental rights and consents to my adoption of the child. The other parent’s relinquishment and consent is also attached to this Petition. The other parent waives the right to notice and a hearing. or The parental rights of the other child have already been terminated by Court order on ( mm/dd/yyyy): __________________ by the ( Name of Court: ) __________________________ in (County: ) , (State: ) A copy of the order is attached to this Petition. or The child’s other parent has died. 8 Child’s Name Change The child’s name should stay the same. The court should change the child’s name to: __________________ __________________________. First Middle Last 9 Parent/Child Relationship I would like the court to establish a parent/child relationship between me and the child. I would like to have all the duties, responsibilities, and legal consequences of the parent/child relationship. Petition for Stepparent Adoption, Page 4 of 5 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/11/2008 10 Child’s Property Choose One: The child does not own any property of value. or A complete statement of the value of all property owned or possessed by the child is attached to this Petition. 11 Post-Placement Evaluation This is a stepparent adoption. It is in t he child’s best interests to waive the post-placement period and evaluation. A final decree of adoption should be entered at the ti me of hearing. 12 Controlling Law I have followed any laws controlling this adoption. The child is not an\ Indian. The Indian Child Welfare Act does not apply. I have not filed any petition before this one to adopt this chil d or any other child `. I believe this adoption is in the child’s best interests. 13 Notice Both parents have consented to this adoptio n. No other party is entitled to receive notice of this Petition. I respectfully ask this Court to: 1. Schedule a hearing to decide this matter; 2. Waive the post-placement period; 3. Terminate the parental right s of the non-custodial parent; 4. Grant me a final decr ee of adoption of the child; 5. Change the child’s name if requested; and 6. Order any other relief the C ourt decides is just and proper. Note: You must sign and date this Petition. By signing, you are stating that: You have read the Petition; The information in the Petition is tr ue to the best of your knowledge; and You are not using this Petition for an improper reason. Date:___________________ Pe titioner’s Signatur e:____________________ mm/dd/yyyy Sign here Print Name:____________________________ Petition for Stepparent Adoption, Page 5 of 5 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/11/2008 Agreement to Accept Temporary Custody, Page 1 of 2 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/02/2008 __________________ ______________ Stepparent’s name __________________ ______________ Stepparent’s mailing address __________________ ______________ City State Zip __________________ ______________ Stepparent’s phone number Petitioner Pro Se Montana _______________ Judicial District Court Number of the judicial district where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, (Child’s Name) A minor child By: _______________ ___________ Petitioner ( Stepparent’s Name) Cause No.: _________________ Filled out by Clerk of District Court Agreement to Accept Temporary Custody I am the Petitioner. I de clare, under penalty of per jury, that the following information is true and correct: 1. My full name is: 2. I am married to the Mother/ Father of Child’s Full Name Agreement to Accept Temporary Custody, Page 2 of 2 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/02/2008 3. The child lives with me. 4. I agree to accept temporary custody and provide support and care for the child until my Petition is granted or denied. Date:___________________ Your Signature:________________________ mm/dd/yyyy Sign here Print Name:____________________________ State of Montana County of: This Agreement to Accept Tempor ary Custody was acknowledged before me on ( mm/dd/yyyy) by ____ . Parent’s Name ________________________________ Name (printed) : ___________________ (Seal) Notary Public for the State of Montana Residing at ______________________ My Commission Expires_____________ ________________________________ Your nam e __________________ ______________ Your mailing address __________________ ______________ City State Zip __________________ ______________ Stepparent’s phone number Petitioner Pro Se Montana _______________ Judicial District Court Number of the judicial district where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, (Child’s Name) A minor child By: _______________ ___________ Petitioner ( Stepparent’s Name) Cause No.: _________________ Filled out by Clerk of District Court Relinquishment of Child and Consent to Adoption I, __________________________________, declare, under penalty of perjury, (Relinquishing Parent’s Full Name ) that the following information is true and correct: 1. I am the Mother/ Father of ________________________________. Child’s Full Name I am over 18 years old. I was born on ( mm/dd/yyyy): ________________. My address is: ______________ _________________________________ Mailing Address _________________________ ______________________ City State 2. The child was born on ( mm/dd/yyyy): ________________________ in ________________________ __________________________________. City State 3. After considering my child’s best inte rests, I am relinquishing or giving all custody, care, and control of the child to the child’s Mother/ Father and stepparent. Their names, address, and phone numbers are: Other parent’s full name: Stepparent’s full name: Address: ___________________ ________________________________ Street Address ________________________ __________________________________ City State Phone number: 4. By signing this, I know that I am relinquishing or giving up all of my parental rights and agreeing to the st epparent adoption. I am agreeing to the transfer of permanent physical and legal custody to, and the adoption of the child by, the child’s stepparent. I am doing this voluntarily and unequivocally. In other words, this is my choice and I have not been forced by anyone to make it. I am completely sure about my decision. I know that I cannot change my mind onc e this is signed. Any failure by the stepparent or other parent to allow me to visit or talk with the child will have no affect on my waiver, except as provided for in § 42-2-411, MCA. 5. I know that, upon the child’s adopti on, all of my parental rights and obligations to the child will be ended, except for any child support that is past due, unless waived. Waiver of Parental Rights, Page 3 of 3 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/12/2008 6. I have not been offered money to complete this waiver. 7. I waive my right to notice of any c ourt action dealing with the child. This waiver includes any hearing ending my parent/child relationship with the child and awarding custody to the stepparent and the other parent. Any adoption of the child may be heard at any time without giving me notice. 8. I have been given a copy of this document. 9. I have been given a copy of the adopt ive parent’s agreement to accept temporary custody of the child and to provide support and care for the child until the adoption is either granted or denied. Date:___________________ Signature:_____________________________ mm/dd/yyyy Sign here Print Name:____________________________ State of Montana County of: This Relinquishment of Child and Consent to Adoption was acknowledged before me on ( mm/dd/yyyy) by ____ . Parent’s Name ________________________________ Name (printed) : ___________________ (Seal) Notary Public for the State of Montana Residing at ______________________ My Commission Expires_____________ Consent to Stepparent Adoption, Page 1 of 2 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/12/2008 __________________ ______________ Stepparent’s name __________________ ______________ Stepparent’s mailing address __________________ ______________ City State Zip __________________ ______________ Stepparent’s phone number Petitioner Pro Se Montana _______________ Judicial District Court Number of the judicial district where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, (Child’s Name) A minor child By: _______________ ___________ Petitioner ( Stepparent’s Name) Cause No.: _________________ Filled out by Clerk of District Court Parent’s Consent to Stepparent Adoption I am the Petitioner’s spouse. I decla re, under penalty of perjury, that the following information is true and correct: 1. My full name is: 2. I am the Mother/ Father of Child’s Full Name 3. The child lives with me. I have l egal and physical custody of the child. Consent to Stepparent Adoption, Page 2 of 2 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/12/2008 4. I want my spouse to adopt my ch ild. My consent to the adoption is voluntary and unequivocal. In other word s, I am completely sure that I want my spouse to adopt my child. 5. I understand and agree that the adoption will not end my parent-child relationship with the child. 6. I understand and agree that the adoption will end the parent-child relationship between the other parent and the child. I understand that the adoption will end any existing court or ders for custody, visitation, or communication by the other parent and the child. 7. I understand and agree that even after t he adoption, the child will still have rights to inherit from the other par ent. The child’s descendants (children, grandchildren, etc.) will still have rights to inherit from the other parent. 8. I understand and agree that th is stepparent adoption will not affect court orders for visits or communication wit h the child by the other parent’s family or other people. However, fa iling to comply with those orders does not affect this consent or the adoption. Date:___________________ Signature:_____________________________ mm/dd/yyyy Sign here Print Name:____________________________ State of Montana County of: This Consent to Stepparent Adopti on was acknowledged before me on ( mm/dd/yyyy) by ____ . Parent’s Name ________________________________ Name (printed) : ___________________ (Seal) Notary Public for the State of Montana Residing at ______________________ My Commission Expires_____________ ________________________________ Stepparent ’s name __________________ ______________ Stepparent’s mailing address __________________ ______________ City State Zip __________________ ______________ Stepparent’s phone number Petitioner Pro Se Montana _______________ Judicial District Court Number of the judicial district where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, (Child’s Name) A minor child By: _______________ ___________ Petitioner ( Stepparent’s Name) Cause No.: _________________ Filled out by Clerk of District Court Child’s Consent to Stepparent Adoption I am the child named in this Adoption. I am 12 years of age or older. I declare, under penalty of perjury, t hat the following information is true and correct: 1. My full name is: 2. I am the child named in this Adoption. 3. I live with my Mother/ Father and stepparent. 4. I want my stepparent to adopt me. Th is is my choice. No one has made me agree to this adoption. I am comple tely sure that I want my stepparent to adopt me. Child’s Consent to Stepparent Adoption, Page 2 of 2 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 08/12/2008 Date:___________________ Signature:_____________________________ mm/dd/yyyy Sign here Print Name:____________________________ State of Montana County of: This Consent to Stepparent Adopti on was acknowledged before me on ( mm/dd/yyyy) by ____ . Parent’s Name ________________________________ Name (printed) : ___________________ (Seal) Notary Public for the State of Montana Residing at ______________________ My Commission Expires_____________ Montana _______________ Judicial District Court Number of the Judicial District where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, (Child’s Full Legal Name ) A minor child By: _______________ ___________ Petitioner ( Your Name) Cause No.: _________________ Dept. No.: __________________ Order Setting Hearing This Court orders: Adoption Hearing The hearing on the Petition for Stepparent A doption filed in this case is set for: Date: mm/dd/yyyy Time: Place: County Courthouse county name Date: _____________ DISTRICT COURT JUDGE Montana _______________ Judicial District Court Number of the judicial district where you are filing _____________________ County Name of the county where you are filing In the Matter of the Adoption of __________________________, (Child’s Name) A minor child By: _______________ ___________ Petitioner ( Your Name) Cause No.: _________________ Filled out by Clerk of District Court Stepparent Adoption Decree A Petition for Stepparent Adoption was filed in this case. A hearing wa\ s held on ( mm/dd/yyyy ): _____________. Based on the evidence, the court finds: Findings of Fact : 1 Petitioner The Petitioner’s name is ________________________ ______________. Your Full Name The Petitioner is marri ed to ___________________ _________________, Your Spouse’s Name the natural parent of _ ________________________ _________________. Child’s Name The Petitioner, Petitioner’s spouse, and the child have lived together as a family for the 60 days before filing the Petition for Stepparent Adoption. The Petitioner is t he stepparent of the child. 2 Minor Child The child’s name is ________ __________________________________. Child’s Full Name The child was born in __________________ ______________________ City State on ( mm/dd/yyyy ): ___________________ ______________. 3 Physical and Legal Custody of the Child The child lives with: __________________________________________. ( Name of Natural Parent Child lives with ) This parent has legal and physical custody of the child. The child has lived with this parent since ( mm/dd/yyyy): ______________. Check if Applicable: A parenting plan or custody agreement regarding this child was entered on ( mm/dd/yyyy ): __________________ by the ( Name of Court: ) __________________________ in (County: ) , (State: ) 4 Child’s Relationship to Petitioner The Petitioner is married to the child’s natural Mother/ Father. The child has lived with and been in the Pe titioner’s physical custody since ( mm/dd/yyyy ): _____________________. 5 Parents’ Consent Both of the child’s natural parents filed written consent to this stepparent adoption. The parent the child is not living with has waived notice of the hearing, given up parental ri ghts to the child, and consented to this stepparent adoption. 6 Parent Child Relationship The Petitioner wants to adopt the child and form a parent/ child relationship. The Petitioner also wants all the rights and duties that go along with a parent/child rel ationship. 7 Child’s Name The Petitioner would like to: change the child’s name to: _________________________. Child’s New Name keep the child’s name the same. 8 Child’s Property The child does not own any property of value. 9 Evaluations The Petitioner asks the court to waive the pre and post-placement evaluations. 10 Notice Both parents have consented to this adoptio n. No other party is entitled to receive notice of this Petition. Conclusions of Law : 1. This court has jurisdiction over this stepparent adoption. 2. The Petitioner and child both live in this county. This court is the proper venue for this stepparent adoption. 3. It is in the child’s best interest s to end the rights of the natural: mother. father. The adoption by the stepparent is in the child’s best interests and should be ordered. Montana Code Annotated § 42-5-109(4). 4. It is in the child’s best interests for the natural: mother father to keep all rights as the child’s natural parent. Montana Code Annotated § 42-5-202(b). 5. Because the Petitioner is the child’s stepparent, it is in the child’s best interests for the court to waive the placement evaluation. Montana Code Annotated § 42-5-107. Order This Court orders that: 1. The parent/child relationship is ended between the child and the natural: mother. father. This parent no longer has any rights to the child unless there is a court order for visits or communication with someone related to the child through one of the parents. The child ke eps the right to inherit from the parent whose rights are ended by this stepparent adoption. The former parent will still owe any past due child suppor t unless it is waived by the other parent. 2. This final decree of adoption creates a parent/child relationship between the Petitioner and the child. All th e rights and duties of a parent/child relationship now exist between the Petitioner and the child. 3. The parent/child relationship for purposes of intestate succession is governed by Montana Code Annotated, Title 72. 4. The parent/child relationship that existed before this stepparent adoption between the child and the natural: mother father will stay the same. 5. The post-placement evaluation period and evaluation for this adoption are waived. Stepparent Adoption Decree, Page 5 of 5 © 2008 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted to not-for-profit purposes. Last updated 09/05/2008 6. The child was born: in Montana. in another state. If the child was born in Montana and is under twelve, Vital Statistics must issue a new birth cert ificate to the child. 7. The child’s name: is changed to: _______________ ____________________. Child’s New Name will stay the same. Date: _____________ DISTRICT COURT JUDGERelevant article from our knowledge database
You're so right, some parents aren't better. One parent will be selected to give the main residence of the kid. It's likewise important that the new parent reassure the children which they can indeed be prepared to urge above their depression. Potential foster parents will shortly be able for paperwork electronically, should they wish.
Read more
Parents don't actually need specifically defined rights. A parent of the child was deceased or was missing for three or more months. The kid's legal parents aren't married to one another at the time the petition is filed.
There are a number of totally different means by which you'll tell if your children are depressed as an outcomes of giving birth to a brand-new step-parent in their life. If you're thinking about adopting a kid, there are plenty of laws that take part in the process, because there should be. Just like a CLOSED ADOPTION, after your child reaches adulthood they may decide to try to seek out and create a relationship by making use of their birthparents. Children have to be told the reality. American children reside in an assortment of family forms. Extra children born after your Order of Support isn't a basis to cut back the support obligation unless the extra children reside in the household alongside you.