Montana § 42-4-302 - Standing To Adopt Stepchild
Full text of Montana Montana Code Annotated § 42-4-302 — Standing To Adopt Stepchild, with citation guidance and answers to common questions.
§ 42-4-302. Standing To Adopt Stepchild
Standing to adopt stepchild. (1) A stepparent has standing to file a petition for adoption of a minor child of the stepparent's spouse if: (a) the spouse has legal and physical custody of the child and the child has been in the physical custody of the spouse and the stepparent during the 60 days preceding the filing of a petition for adoption; (b) the spouse is deceased or mentally incompetent but, before dying or being judicially declared mentally incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the 12 months preceding the filing of the petition; or (c) the department or an agency placed the child with the stepparent. (2) For good cause shown, a court may allow an individual who is not the stepparent but who has the consent of the custodial parent of a child to file a petition for adoption. The petition must be treated as if the petitioner were a stepparent. (3) A petition for adoption by a stepparent may be joined with a petition for termination of parental rights.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 42-4-302
What does Montana Code Annotated § 42-4-302 cover?
Section 42-4-302 ("Standing To Adopt Stepchild") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 42-4-302?
A common citation format is "Montana Code Annotated § 42-4-302" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 42-4-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.