In Re the Adoption of E.S.R.

Stepfather appeals a judgment of the Yellowstone County District Court which denied his petition for the adoption of E.S.R. We affirm.

The issues are:

1. Did the District Court err in concluding that mother and father had entered into an oral agreement modifying father’s duty to pay $125 per month for the support of E.S.R.

2. Did the District Court err in concluding that the oral modification agreement was a proper basis for its conclusion that father had supported E.S.R. during the previous year, so his consent was necessary under Section 40-8-lll(l)(a), MCA?

Mother and father were divorced in…