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Adoption Agreement Providing for Visitation Rights by Natural...

Montana Adoption Agreement Providing for Visitation Rights by Natural Grandparents

Category:

Adoption - General

State:

Multi-State

Control #:

US-01339BG

Format:

Instant download

Description

In 2000, in the case of Troxel v Granville, the U.S. Supreme Court addressed the issue of third party rights to seek court-enforced time with children. Within this context, a "third party" is somebody other than the child's parents. The Washington State statute examined in Troxel was not technically a "grandparenting time" statute, as it allowed "[a]ny person" to petition for visitation rights at any time. The Supreme Court held that the Washington statute was overbroad. This decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.

Following Troxel, many state courts have addressed the constitutionality of their grandparenting time statutes, and many state legislatures have revisited (or are in the process of revisiting) their statutes, either following or in anticipation of court decisions finding them to be wholly or partially unconstitutional.

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FAQ

Evidence of physical abuse, or threats of abuse, by one parent against the other parent or child. Substance abuse by a parent. Whether one parent has been convicted of certain violent or sexual crimes. A parent's untreated mental health issues that impact the child.

Montana statutes present several avenues where grandparents can file an action with courts to obtain custody, visitation, and/or some other rights to their grandchildren.

Do I have a legal right to grandparent visitation? In Montana, grandparents have a legal right to request reasonable contact with their grandchildren at any time, including before or after one parent's death, divorce, and/or separation. This right applies to biological or adoptive grandparents and great-grandparents.

Montana statutes present several avenues where grandparents can file an action with courts to obtain custody, visitation, and/or some other rights to their grandchildren.

In a nutshell, grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. As the grandparent, you need to understand your state's statutes, as some are permissive while others are restrictive.

All states allow grandparents to petition for legal visitation rights concerning their grandchildren to some extent. In some states, these laws are based on the idea that it is often in a child's best interest to have a relationship with their grandparent.

Voluntary Post-Adoption Contract Agreements, or ?PACAs,? were created to provide a framework for enforceable post-adoption contact between the biological family members of an adopted child, the child, and the adoptive parents.

Under Montana law, anyone under the age of 18 is considered a minor. (Montana Code Annotated - Title 41 §1-101.) As a minor, a child technically can't refuse to visit with a parent. But remember, virtually every issue that arises in a parent-child relationship is subject to judicial review.

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