According to the U.S. Census Bureau, step-parent/step-child adoption is the most common type of adoption in the United States. Step-child adoption procedures can vary greatly from state to state, but Montana law allows a person to adopt their step-child if:
(1) The person is married to one of the legal parents of the child;
(2) The child has lived with the person and his/her spouse during the past 60 days;
(3) If the child is over the age of 12, the child states in writing that he or she would like to be adopted; and
(4) The other parent of the child agrees in writing to give up his or her parenting rights, or that parent’s rights have been terminated.
Depending on your circumstances, there may be additional considerations. For example, if your spouse’s child has been living with you for at least 12 months and your spouse dies or becomes mentally incompetent, you may also be able to adopt your step-child.
As long as the child’s other parent is agreeable and willing to sign a consent to your adoption and relinquishment, the step-child adoption process can be straightforward and fairly quick. If the other parent is not agreeable, step-parent adoptions can become incredibly complicated and can require termination of the other parent’s rights before the adoption can be completed.
Montana law presumes that a child born during the marriage is the biological child of the husband. Sometimes this is not the case, but as a general rule it works fairly well. If you believe someone else is the father, you can establish paternity by a court or administrative judgment, decree, or order.
Likewise, if the parents of a child are not married, and one of the parents questions or denies paternity – you will need to bring an action to establish paternity. Establishing paternity can be very important for child support and (when questioned or challenged) an important fact to establish. And, aside from child support reasons, simply knowing the true biological father of a child can bring certainty and security that is worth the effort.
If you are unsure of a child’s father, or interested in pursuing an action for paternity, please call me today to schedule an appointment.
One Aspect of my practice that surprises my clients is that I often represent clients in Libby, MT and the rest of Lincoln County. Understandably, being over an hour away, it may seem like this would be a major inconvenience. However, the nature of Montana divorces and family law cases means that most of them settle without ever setting foot inside a court room. That, combined with the advantages and flexibility of technology like email, phone conferencing, and computer scanners allows me to work with out of town clients as easily and productively as those located more locally.
The end result is that many of my Libby clients see little or no extra charge. Of course, each case is unique and, as I’ve discussed before, I make no guarantees or predictions about final costs. That being said, many of my clients are from Libby and have decided that hiring me was their best option.
Whether you are from Libby or anywhere else in Montana, if you are facing divorce or any other family law issues, please consider calling myself or another attorney in order to discuss your case.
In the age of the internet, information and answers seem to be one click away. But if you are a legal consumer attempting to get their questions answered – BEWARE! Sites are popping up all over the internet that promise free legal advice, 3 Step Divorces, and an answer to every legal question you have ever had. While I encourage individuals to consider all of their options, it is impossible for any lawyer to answer specific legal questions without more information than you can provide on those sites. You will truly get what you pay for.
There is a reason that most lawyers, including many of those in Kalispell, Whitefish, Columbia Falls, Bigfork, Libby, and Polson charge for an initial consultation. In order to answer your specific questions, they must first gather a great deal information regarding your finances, family and children and incorporate it into their analysis. You will usually find that a good consultation takes time, because the lawyer must get all of their questions answered before they can answer yours.
This advice also applies to those individuals that call up a lawyer for a quick piece of information. Remember that you cannot get adequate advice if you do not give adequate background information. It is worth your time and money to make sure you go into a divorce, or any other legal matter, with all the facts.
Michelle Kulstad and Barbara Maniaci adopted two children during their 10 year committed relationship. Because Montana adoption law does not allow a homosexual couple to adopt a child, Ms. Maniaci legally adopted the children as a single person, but the couple jointly raised the children during their relationship. In 2006, the couple decided to separate and in January 2007, Ms. Kulstad filed a lawsuit to ensure she would be able to continue parenting her children and to receive her share of the property the couple accumulated during the time they were together.
A two day trial took place in May 2008 and a court-appointed expert testified strongly in Ms. Kulstad’s favor, indicating the children had formed a strong bond with Ms. Kulstad and that denying her time with them would be detrimental. The trial court found that Ms. Kulstad had a parent-child relationship and that it was in their best interest to maintain that relationship. Thus, the court granted Ms. Kulstad visitation rights to the children.
Ms. Maniaci appealed the decision to the Montana Supreme Court and oral arguments were heard on behalf of both Ms. Maniaci and Ms. Kulstad. The Montana Supreme Court upheld the decision of the trial court 6 – 1 and upheld the Montana law that recognizes parent-child relationships that arise outside of biology and adoption when certain criteria are met.
Though this case happened to involve a lesbian couple, such a decision could affect many heterosexual couples in Montana. For example, a person who has acted as a parent to a girlfriend/boyfriend’s child may have continuing rights to act as a parent to the child even after the relationship has ended.
