42-2-616. Appearance of parent at hearing -- determination of custody. (1) If a parent appears at the hearing on the petition to terminate parental rights, objects to the termination of rights, and requests custody of the child, the court shall set deadlines that allow the parties to complete discovery and shall set a hearing on the determination of the parent's rights to the child.
(2) At the hearing, the court shall consider whether there is a basis for terminating parental rights and whether the best interests of the child will be served by granting custody to the respondent parent, the department, a licensed child-placing agency, or a prospective adoptive parent in a direct parental placement adoption.
(3) If the petitioner has established that there are grounds for terminating parental rights and it is in the best interests of the child for termination to occur, those rights must be terminated.
History: En. Sec. 76, Ch. 480, L. 1997.
Structure Montana Code Annotated
Part 6. Petition to Terminate Parental Rights
42-2-602. Necessity for parental rights to be terminated
42-2-603. Petition for termination of parental rights
42-2-604. Contents of petition for termination of parental rights
42-2-605. Notice of hearing -- service
42-2-606. Hearing on petition to terminate parental rights
42-2-607. Grounds for termination of parental rights
42-2-608. Finding of unfitness
42-2-609. Determination that no parent and child relationship exists
42-2-610. Putative father -- termination based upon failure to establish substantial relationship
42-2-611. Irrevocable waiver of parental rights
42-2-612. through 42-2-615 reserved
42-2-616. Appearance of parent at hearing -- determination of custody