Jardine v. Schwartz
Annotate this CaseFather and Mother were the biological parents of three minor children. Mother and Grandfather filed a joint petition for termination of Father’s parental rights and for Grandfather to adopt the children. When Father could not be found, the district court clerk of court entered an order directing that service of the summons be made upon Father by publication in the Billings Times newspaper. Father did not respond to the summons, and the clerk of court entered default against Father. After a hearing, the district court terminated Father’s parental rights and granted decrees of adoption for each of the children. The Supreme Court reversed, holding (1) Father was not properly served by publication because the clerk of court, not the district court, entered the order directing service by publication; and (2) the district court erred in making no findings of fact on Grandfather’s standing under either Mont. Code Ann. 42-1-106 or 42-4-302(2).
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