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Step Parent Adoption questions

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eaw420

Junior Member
What is the name of your state? Montana

I have filed for step parent adoption. The non-custodial parent was served and their 20 days to respond have been up for a while. There was no response at all whatsoever. I requested the hearing and am asking for default judgment. The hearing is in a little less than two weeks. I have asked enough questions to know now that the case is sealed and no one is allowed to call in and get information over the phone, it all needs to be done in person with photo identification and from what I understood, the non-custodial parent is no longer part of the case meaning even if they were to show up with photo ID and ask questions they would be turned away and also they won't be allowed in the courtroom during the hearing.

My question is this. The non-custodial parent lives in another state. They haven't seen the children in a few years nor have they provided regular child support by any means. However, this person is the type of person to contest these kinds of things purely out of pride. And not within the 20 days but rather at the last minute.

So, how hard will it be for this person to find an attorney that is able to practice law in both states? And if they are able to find a lawyer that quickly with the proper qualifications... how expensive will it be? Will it be more expensive than a regular family law/adoption lawyer? And finally... will they be able to do anything? With it being a sealed case and the fact that they won't be allowed in the courtroom and everything, will they be able to file anything at all to stop the hearing?

Thank you in advance for your help.
 


LdiJ

Senior Member
What is the name of your state? Montana

I have filed for step parent adoption. The non-custodial parent was served and their 20 days to respond have been up for a while. There was no response at all whatsoever. I requested the hearing and am asking for default judgment. The hearing is in a little less than two weeks. I have asked enough questions to know now that the case is sealed and no one is allowed to call in and get information over the phone, it all needs to be done in person with photo identification and from what I understood, the non-custodial parent is no longer part of the case meaning even if they were to show up with photo ID and ask questions they would be turned away and also they won't be allowed in the courtroom during the hearing.

My question is this. The non-custodial parent lives in another state. They haven't seen the children in a few years nor have they provided regular child support by any means. However, this person is the type of person to contest these kinds of things purely out of pride. And not within the 20 days but rather at the last minute.

So, how hard will it be for this person to find an attorney that is able to practice law in both states? And if they are able to find a lawyer that quickly with the proper qualifications... how expensive will it be? Will it be more expensive than a regular family law/adoption lawyer? And finally... will they be able to do anything? With it being a sealed case and the fact that they won't be allowed in the courtroom and everything, will they be able to file anything at all to stop the hearing?

Thank you in advance for your help.
The ncp doesn't need an attorney that practices in both states. The ncp just needs to hire one in Montana.

Unless the termination of parental rights for the ncp has already been finalized, the ncp is still a party to the case and would have to be allowed into the courtroom.
 

eaw420

Junior Member
Oh, the court clerk told me they won't be allowed in and if they were to show up and ask for information they wouldn't be allowed. :confused:
 

milspecgirl

Senior Member
the court clerk is wrong. In our case, ncp agreed to the tpr in writing to the court and then showed up at the hearing and said no- been a year and we are still fighting it.
the ncp will be a party until the rights are terminated. also, they don't HAVE to have an atty at all and in our case, the judge even gave ncp a court appointed atty
 

eaw420

Junior Member
Okay, thanks for the info.

I know they don't have to have an atty but I have heard they are looking for one because the ncp doesn't know much about filing the papers and the legal process and whatnot.
 

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