In re Adoption of P.T.H.
Annotate this CaseMother and Father were married in California when Child was born. They subsequently divorced, and the parties agreed to a parenting plan that was approved by a California court. That agreement specified that Father did not have to pay any child support. The California court adopted that provision as part of its final order. When Child was approximately two years old, Mother moved to Montana and married Petitioner. Four years later, Petitioner filed a petition seeking to terminate Father’s parental rights so that Petitioner could adopt Child. The sole basis for the petition was that Father was an unfit parent for failure to pay child support. The district court concluded that there was no basis for terminating Father’s parental rights and dismissed the petition. The Supreme Court affirmed, holding that the district court did not err by (1) giving full faith and credit to the parenting plan and child support order entered by the California court; and (2) refusing to terminate the parental rights of Father.
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