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Petition For Stepparent Adoption (Sample And Form) Form. This is a Montana form and can be use in District Court Statewide.
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Tags: Petition For Stepparent Adoption (Sample And Form), Montana Statewide, District Court
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
1 Attorney Name
Address
2 Phone Number
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
:
3
:
4
Defendant(s)
:
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
THE PEOPLE OF THE STATE OF NEW YORK
7
TO MONTANA [DISTRICT NUMBER] JUDICIAL DISTRICT COURT, [COUNTY NAME]
8
COUNTY
9
GREETINGS:
IN THE MATTER OF THE ADOPTION OF
_________________
10
Cause No.
WE COMMAND YOU, that all business and excuses PETITION FOR and each of you attend before
being laid aside, you
,
the[NAME OF MINOR CHILD],
Honorable
at the
Court
11
STEPPARENT ADOPTION
located at
County of
A minor child,
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
12in room
or adjourned date, to testify and give evidence as a witness in this action on the part of the
by
13
[NAME OF PETITIONER],
14
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
Petitioner.
15result of your failure to comply.
Witness, Honorable
, one of the Justices of the
Court in Petitioner, [NAME OF PETITIONER], respectfully represents as follows:
County,
day of
, 20
16
17
1.
The full name, address, and age of the Petitioner are as follows: (§ 42-5-101(1)(a),
18
(Attorney must sign above and type name below)
MCA)
19
Name:
[NAME OF PETITIONER]
Address:
ADDRESS CITY STATE ZIP (_______COUNTY)
Age:
____
Duration:
Petitioner has resided at this residence for [DURATION].
20
Attorney(s) for
21
22
23
24
Petition for Stepparent Adoption
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 1
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
1
2.
Index No.
Calendar No.
:
The Petitioner is currently married to [NAME OF STEPPARENT'S SPOUSE].
JUDICIAL SUBPOENA
Plaintiff(s)
-against:
2 They were married in CITY, STATE, on DATE. (§ 42-5-101(1)(b), MCA)
3
3.
:
[NAME OF MINOR CHILD], the minor child, was born in [PLACE OF BIRTH],
4 on [DATE OF BIRTH]. (§ 42-5-101(1)(d), MCA)
Defendant(s)
:
:
..
...... ...... .. ....... ....... ......
5. . . . . . . . 4. . . . . .[FIRST.NAME .OF. MINOR.CHILD] .resides with her natural mother, [NAME OF
6 STEPPARENT'S SPOUSE], and the Petitioner. [FIRST NAME OF MINOR CHILD] has been
THE PEOPLE OF THE STATE OF NEW YORK
7 in the physical custody of her natural mother [NAME OF STEPPARENT'S SPOUSE] since she
TO
8 was born, and has resided with and been in the physical custody of Petitioner since ________ __,
9 20__.
[NAME OF STEPPARENT'S SPOUSE] has legal and physical custody of [FIRST
GREETINGS:
10 NAME OF MINOR CHILD] pursuant to an Order entered on [MONTH] ___, 20__, by the
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
11 Montana [DISTRICT NUMBER] District Court for [COUNTY NAME] County, in Cause No.
located at
County of
room
, on the
day of
, 20
, at
noon, and
12in[DOCKET NUMBER]. The Order is attached here as Exhibit A. o'clock in the
(§ 42-5-101(1)(c), MCA) at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
13
5.
[NAME OF STEPPARENT'S SPOUSE]'s consent to the adoption of [FIRST
OF failure to comply by this subpoena is punishable as a contempt of court and will make
14 NAMEYourMINOR CHILD]withPetitioner is attached as Exhibit B. (§ 42-4-303, 304, MCA) you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
15result of your failure toname used for this child in this proceeding is [NAME OF MINOR CHILD],
6.
The comply.
Witness, Honorable
, one of the Justices of the
16 and Petitioner and the child's mother [NAME OF STEPPARENT'S SPOUSE] desire the name of
Court in
County,
day of
, 20
17 the child to be changed to [NEW NAME OF MINOR CHILD]. (§ 42-5-101(1)(e), MCA)
18
7.
It is the desire of the Petitioner that the relationship aboveparent and below) be
(Attorney must sign of and type name child
19 established between himself and the minor child and that the Petitioner and the minor child shall
Attorney(s) for
20 have all the rights, duties and other legal consequences of the parent-child relationship. (§ 42-521 101(1)(f), MCA)
22
8.
Office and P.O. Address
The minor child, [FIRST NAME OF MINOR CHILD], owns or possesses no
23 property of any value. (§ 42-5-101(1)(g), MCA)
24
Petition for Stepparent Adoption
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 2
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
1
9.
Index No.
Calendar No.
:
The natural father, [NAME OF RELINQUISHING PARENT], consents to the
JUDICIAL SUBPOENA
Plaintiff(s)
-against:
2 adoption of [FIRST NAME OF MINOR CHILD] by the Petitioner. He also waives his right to
3 notice and hearing. His affidavit of waiver and consent is : writing, duly signed and notarized,
in
:
4 attached to this petition and marked Exhibit C. (§ 42-2-301(2), MCA; §§ 42-2-401, 402, MCA)
Defendant(s)
:
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [FIRST NAME OF MINOR CHILD] by
5. . . . . . . . 10. . . . .Petitioner .accepts .the. relinquishment .of. . . . .
6 [NAME OF RELINQUISHING PARENT]. (§ 42-2-301(2), MCA)
THE PEOPLE OF THE STATE OF NEW YORK
7
11.
Because this is a stepparent adoption, the best interests of the minor child will be
TO
8 furthered if the six-month post-placement evaluation period and the post-placement evaluation
9 are waived and a final decree of adoption is entered at the time of the hearing of the Petition. (§
GREETINGS:
10 42-2-309, MCA)
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable Petitioner has complied with at the
Court
11
12.
all applicable laws governing interstate or interlocated at
County of
room
,
day
, 20
, at
o'clock in the
noon, and at any recessed
12incountry adoptiveon the
placements. (§of
42-5-101(1)(i), MCA)
or adjourned date, to testify and give evidence as a witness in this action on the part of the
13
13.
This is not an adoption of an Indian child, and the Indian Child Welfare Act is not
Your failure to comply MCA)
14 applicable. (§ 42-5-101(1)(j),with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
15result of your failure toPetitioner has not filed a previous petition to adopt the child at issue or any
14.
The comply.
Witness, Honorable
16 other child in any court. (§ 42-5-101(1)(k), MCA)
Court in
17
County,
15.
day of
, one of the Justices of the
, 20
The Petitioners believe the best interests of the child will be promoted by this
18 adoption. (§ 42-5-107, 109(9), MCA- requirements of decree) must sign above and type name below)
(Attorney
19
WHEREFORE, Petitioner requests the following relief:
20
1. That the Court enter an Order fixing a date and time for a hearing on this petition.
21
2. That upon such hearing, the Court waive the post placement waiting period of six (6)
Attorney(s) for
Office and P.O. Address
22 months and grant a final decree of adoption of the minor child [FIRST NAME OF MINOR
23 CHILD] by Petitioner.
24
Petition for Stepparent Adoption
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 3
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
1
Index No.
Calendar No.
3. That the Court include in its decree of adoption :that the name of theSUBPOENA
JUDICIAL child be changed
Plaintiff(s)
-against:
2 from [NAME OF MINOR CHILD] to [NEW NAME OF MINOR CHILD].
3
:
Dated this ______ day of ___________________, 20____.
:
4
____________________________
Defendant(s)
:
Petitioner
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
__________________________
6 Attorney for Petitioner
THE PEOPLE MONTANA
STATE OF OF THE STATE OF NEW YORK
7
TO
County of [COUNTY NAME]
8
I, [NAME OF PETITIONER], being first duly sworn on oath, state that I am the Petitioner
herein and that I have read the foregoing petition and know the contents thereof, that the
GREETINGS:
statements are true of my own knowledge, except as to those matters stated on information and
10 belief, and as to those I believe them to be true.
9
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
11
located at
County of
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
12inPetitioner
or adjourned date, to testify and give evidence as a witness in this action on the part of the
13
14
Signed and sworn to before me this ___ day of __________, 200__ by _____________________.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
[NAME OF PETITIONER]
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
15result of your failure to comply. NOTARY PUBLIC for the State of Montana
Witness, Honorable
Court in
County,
16
, one of the Justices of the
printed name of notary
day of
, 20
17
Title
Residing at:
18
(Attorney must sign above and type name below)
19
Attorney(s) for
20
21
Office and P.O. Address
22
23
24
Petition for Stepparent Adoption
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 4
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
1 Attorney Name
Address
2 Phone Number
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
:
3
:
4
Defendant(s)
:
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
THE PEOPLE OF THE STATE OF NEW YORK
7
TO MONTANA
JUDICIAL DISTRICT COURT,
COUNTY
8
9
GREETINGS:
IN THE MATTER OF THE ADOPTION OF
_________________
10
Cause No.
WE COMMAND YOU, that all business and excuses PETITION FOR and each of you attend before
being laid aside, you
,
the Honorable
at the
Court
11
STEPPARENT ADOPTION
located at
County of
A minor child,
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
12in room
or adjourned date, to testify and give evidence as a witness in this action on the part of the
by
13
14
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
Petitioner.
15result of your failure to comply.
Witness, Honorable
Court in Petitioner, County,
, one of the Justices of the
16
day of
, 20 , respectfully represents as follows:
17
1.
The full name, address, and age of the Petitioner are as follows:
18
(Attorney must sign above and type name below)
Name:
19
Address:
Attorney(s) for
20
Age:
____
Duration:
Petitioner has resided at this residence for
21
22
23
24
Petition for Stepparent Adoption
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 1
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
1
2.
The Petitioner is currently married to
Plaintiff(s)
2 They were married in -against3
Calendar No.
:
JUDICIAL SUBPOENA
on :
:
, the minor child, was born in
3.
:
4 on
Defendant(s)
:
..
...... ... ... ..... ......
5. . . . . . . . 4. . . . . . . . . . . . . . . . . . resides.with. her .natural. mother,
6 and the Petitioner.
has been
THE PEOPLE OF THE STATE OF NEW YORK
7 in the physical custody of her natural mother
since she
TO
8 was born, and has resided with and been in the physical custody of Petitioner since ________ __, __
9 __.
has legal and physical custody of
GREETINGS:
10 pursuant to an Order entered on ____________, ____, by the
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
Court
11 Montana
District Court at the
for
County, in Cause No.
located at
County of
, on the
day of
, 20
, at
noon, and at any recessed
The Order is attached here as Exhibit A. o'clock in the
12in room
or adjourned date, to testify and give evidence as a witness in this action on the part of the
5.
13
consent to the adoption of
Your is attached as Exhibit B.
14 by Petitionerfailure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
15result of your failure toname used for this child in this proceeding is
6.
The comply.
Witness, Honorable
16 and Petitioner and the child's mother
Court in
County,
day of
, one of the Justices of the of
desire the name
, 20
17 the child to be changed to
18
7.
It is the desire of the Petitioner that the relationship aboveparent and below) be
(Attorney must sign of and type name child
19 established between himself and the minor child and that the Petitioner and the minor child shall
Attorney(s) for
20 have all the rights, duties and other legal consequences of the parent-child relationship.
21
8.
The minor child,
22 property of any value.
23
24
Petition for Stepparent Adoption
, owns or possesses no
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 2
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
1
9.
2 adoption of
The natural father,
Plaintiff(s)
-against-
Calendar No.
:
consents to the
JUDICIAL, SUBPOENA
:
by the Petitioner. He also waives his right to
3 notice and hearing. His affidavit of waiver and consent is : writing, duly signed and notarized,
in
:
4 attached to this petition and marked Exhibit C.
Defendant(s)
:
...
........ ...... .. ............. .
5. . . . . . . . 10. . . . .Petitioner .accepts .the. relinquishment .of. . . . .
6
11.
by
Because this is a stepparent adoption, the best interests of the minor child will be
THE PEOPLE OF THE STATE OF NEW YORK
7 furthered if the six-month post-placement evaluation period and the post-placement evaluation
TO
8 are waived and a final decree of adoption is entered at the time of the hearing of the Petition.
9
12.
Petitioner has complied with all applicable laws governing interstate or inter-
GREETINGS:
10 country adoptive placements.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable This is not an adoption of an Indian child, and the Indian Child Welfare Act is not
at the
Court
11
13.
located at
County of
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
12inapplicable.
or adjourned date, to testify and give evidence as a witness in this action on the part of the
13
14.
The Petitioner has not filed a previous petition to adopt the child at issue or any
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
14 other child in any court.
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
15result of your failure to Petitioners believe the best interests of the child will be promoted by this
15.
The comply.
Witness, Honorable
16 adoption.
Court in
County,
, one of the Justices of the
day of
, 20
17
WHEREFORE, Petitioner requests the following relief:
18
1. That the Court enter an Order fixing a date and time for a sign above on thisname below)
(Attorney must hearing and type petition.
19
2. That upon such hearing, the Court waive the post placement waiting period of six (6)
Attorney(s) for
20 months and grant a final decree of adoption of the minor child
21 by Petitioner.
Office and P.O. Address
22
23
24
Petition for Stepparent Adoption
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 3
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Calendar No.
3. That the Court include in its decree of adoption :that the name of theSUBPOENA
JUDICIAL child be changed
1
Plaintiff(s)
-against-
2 from
3
Index No.
to
:
:
Dated this ______ day of ___________________, 20____.
:
4
____________________________
Defendant(s)
:
Petitioner
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
__________________________
6 Attorney for Petitioner
THE PEOPLE MONTANA
STATE OF OF THE STATE OF NEW YORK
7
TO
County of
8
I,
, being first duly sworn on oath, state that I am the Petitioner
herein and that I have read the foregoing petition and know the contents thereof, that the
GREETINGS:
statements are true of my own knowledge, except as to those matters stated on information and
10 belief, and as to those I believe them to be true.
9
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
11
located at
County of
room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
12inPetitioner
or adjourned date, to testify and give evidence as a witness in this action on the part of the
13
14
Signed and sworn to before me this ___ day of __________, 200__ by _____________________.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
15result of your failure to comply. NOTARY PUBLIC for the State of Montana
Witness, Honorable
Court in
County,
16
, one of the Justices of the
printed name of notary
day of
, 20
17
Title
Residing at:
18
(Attorney must sign above and type name below)
19
Attorney(s) for
20
21
Office and P.O. Address
22
23
24
Petition for Stepparent Adoption
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
Page 4
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