Montana Code Annotated 2023



Part 1. Direct Parental Placements

Custody Order

42-4-111. Custody order. (1) The court shall consider the petition to adopt and shall make a determination as to whether temporary custody should be awarded to the petitioner. In making that determination, the court shall consider:

(a) the preplacement evaluation that pertains specifically to placement of the child who is the subject of the adoption petition with the petitioner; and

(b) if any significant change in the petitioner's or child's circumstances has occurred since preparation of the preplacement evaluation.

(2) Upon a determination that it is in the best interests of the child, the court shall enter an order granting temporary custody to the prospective adoptive parent.

(3) Upon a determination that it is not in the best interests of the child to place custody with the prospective adoptive parent, the court shall deny the petition to terminate parental rights of the placing parent and shall make any other order with regard to the custody of the child that is necessary to protect the well-being of the child.

History: En. Sec. 98, Ch. 480, L. 1997.