This guide provides an overview of relinquishing and terminating parental rights. Topics discussed include reasons for termination or relinquishment of parental rights, due process issues, evidentiary matters, and more.
Montana USLegal Guide to Giving Up and Signing Over Parental Rights
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FAQ
Under Montana law, the best interests of the child are "paramount," which is another way of saying that they're the most important consideration. Put simply, if the parent who wants to relocate can't prove that the move is best for the child, the judge won't permit it.
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.
In the context of parental unfitness, the court would consider the physical and mental health of the parents, their ability to provide a stable and safe home environment, whether there was abuse or domestic violence in the home, and whether there was drug or alcohol abuse, among other things.
Risk to safety: An unsafe or unstable home environment may be one that is dangerous to the child. This may include being exposed to dangerous people such as new partners with serious criminal convictions or living in a very messy and dirty house which could cause illness or neglect.
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.
(a) executing a voluntary relinquishment and consent to adopt; (b) submitting a notarized denial of paternity executed pursuant to 42-2-421; or. (c) submitting a notarized acknowledgment of paternity and denial of interest in custody of the child executed pursuant to 42-2-422;
In Montana, sole physical custody is given to the parent with whom the children spend the most time with. Montana shared physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children.
