Montana Adoption Court Cases

Montana Court Case: Girard v. Williams
Frank met Bonnie Girard (Bonnie) in Arizona in 1986 and they developed an intimate relationship. At the time she met Frank, Bonnie was married to James Girard (Jim) and they remained married until Bonnie's death in 1990. On May 13, 1987, Bonnie gave birth to Frank David Litke, III (David). While David was given Frank's last name, his birth certificate listed Jim as the natural father. In August 1987, Frank filed a complaint in the Superior Court of Arizona, in and for the...


Montana Court Case: In re E.A.T.
On April 12, 1996, after E.A.T. had spent more than six months in foster care, DPHHS filed a petition for temporary custody of E.A.T., alleging that the Appellants had not complied with their court ordered treatment plans. On May 20, 1996, the court held a hearing to consider the petition for temporary custody and after which it ordered that E.A.T. be returned to Nicki, and ordered that Lee be excluded from the home. Lee was only permitted supervised visitation...


Montana Court Case: In the Matter of J.F. & C.F.
In reviewing a district court's decision to terminate parental rights, we determine whether the court interpreted the law correctly and whether its findings of fact are clearly erroneous. In re E.W., 1998 MT 135, P9, 289 Mont. 190, 959 P.2d 951, 55 Mont. St. Rep. 536 (citation omitted). In termination of parental rights cases that involve youths in need of care, we review purely factual findings under the clearly erroneous standard set forth in Interstate Production Credit...


Montana Court Case: In the Matter of J.H.
In October 1992 J.H.'s mother, pregnant with her second child, moved in with her parents in Fergus County. At that point, her first child was removed from foster care and placed with her in her parents' home. During the time J.H.'s mother resided with her parents, she participated in parenting classes and counseling, which raised some concerns regarding her ability to adequately parent a child. In March 1993 her second child was placed in a foster home shortly after...


Montana Court Case: The Adoption of C.C.L.B.
This case began in July 1996, when the Montana Department of Public Health and Human Services (DPHHS) removed C.B. from the custody of her natural mother and placed her in temporary foster care with the Greens. At the time, C.B. was a little less than a year old. C.B.'s natural father had never taken any responsibility for her care, but DPHHS had developed a treatment plan for C.B.'s natural mother with the hope of reuniting the family. By October 1997, however, it was clear...


Montana Court Case: In the Matter of L.E.B.
With the exception of a few brief periods when he resided with his mother, L.E.B. has lived with his maternal grandparents in Great Falls since birth. In 1984, when L.E.B. was three years old, Donna enlisted in the Montana Air National Guard. At Donna's request, and pursuant to National Guard regulations which require single parents to name a guardian for their minor children during the term of enlistment, the child's grandparents petitioned the trial court to appoint them as co-guardians...


Montana Court Case: The Adoption of J.M.H.
The final decree of dissolution addressed, among other things, matters of child custody, visitation, child support and marital debts. John and Karen were awarded joint custody of the children. Karen was named the primary physical custodian. The parties agreed that Karen and the children would return to Montana. John was granted "liberal and generous...


Montana Court Case: Groves v. Clark
On July 24, 1995, Debbie Groves petitioned the District Court for the Eighth Judicial District in Cascade County for specific performance of a visitation agreement that she had entered into with Lonn and Loralee Clark. The Clarks filed an objection to Groves' petition and a brief opposing Groves' request for open adoption. On December 21, 1995, the District Court, by agreement of the parties, deemed the Clarks' objection a motion for summary judgment, concluded that the visitation...


Montana Court Case: The Adoption of Doe
Debra is the natural mother of the three children at issue in this case, who are currently eight, six, and four years old, respectively. Debra has a history of drug addiction and is currently incarcerated at the Nevada Women's Prison at Reno, serving time for narcotics charges and escape. She was incarcerated in late 1992 to serve a two-year sentence for drug charges. During her prison term, Debra undertook counseling for her addiction and began participating...


Montana Court Case: The Adoption of H.M.O.
Barbara married Randy R. (Randy) in November of 1990. They separated after six months and H.M.O. was born five and one-half months later. Sometime after H.M.O.'s birth, Randy requested a paternity test which established that he was H.M.O.'s father. Barbara and Randy's marriage was dissolved in Cascade County on July 21, 1993. They were awarded joint legal custody of H.M.O., with Barbara designated as the physical custodian...


Montana Court Case: Jackson v. State
In April 1994, adoptive parents Eugene and Peggy Jackson filed an action based in negligence with the District Court for the Thirteenth Judicial District in Yellowstone County against the State of Montana, the Department of Family Services, and John and Jane Does I-IV (the State). The Jacksons primarily alleged...


Montana Court Case: In re C.R.N.
In proceedings before the Eighteenth Judicial District Court, Gallatin County, on a petition for the adoption of C.R.N., the District Court determined that the adoption could proceed without the consent of C.R.N.'s natural father, Joshua Gabe Nabors (Joshua), because of Joshua's failure to contribute to the child's financial support during the year immediately preceding the filing of the petition. Joshua appeals...

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