Archive | Parenting plan amendment

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In the Matter of Parenting ZDL-B

In the Matter of Parenting ZDL-B, 2016 MT 164 (July 12, 2016) (Rice, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred by modifying the parenting plan because changed circumstances did not exist; (2) whether the district court’s findings regarding the child’s best interests were clearly erroneous; and (3) whether the district court erred in denying mother’s request for attorney fees and costs.

Short Answer: (1) No; (2) no; and (2) no.

Affirmed

Facts: Z was born in 2003 to Jessica and Daniel, both of whom were in high school. Jessica was Z’s primary provider, with help from Daniel and their families. Jessica and Daniel did not marry, and parented Z without significant court intervention. Jessica petitioned for a parenting plan in 2005, and the court adopted a stipulated plan.…

In re the Parenting of CMR

In re the Parenting of CMR, 2016 MT 120 (May 24, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in denying father’s motion to change venue; (2) whether the district court erred in granting mother’s motion to dismiss the modification of the parenting plan; and (3) whether the district court violated father’s due process rights.

Short Answer: (1) No; (2) no; and (3) no.

Affirmed

Facts: CMR was born in November 2009 to Ray and Amber. They lived together until May 2010, and have been litigating the terms of their parenting plan as CMR has gotten older. Amber is CMR’s primary care provider. The parents signed a mediation parenting plan in February 2015, which is the basis of this appeal.…

Davis v. Davis

Davis v. Davis, 2016 MT 52 (March 8, 2016) (Rice, J.) (5-0, aff’d)

Issue: Whether district court erred in affirming the standing master’s order amending the parenting plan and awarding primary custody to mother during the school year.

Short Answer: No.

Affirmed

Facts: Jennifer and Russell are parents of HD, 5 years old. Jennifer lives in Jackson, Wyoming, and Russell lives in Great Falls. The couple divorced in 2012, and their stipulated parenting plan split HD’s time equally between her parents, two weeks at a time. As kindergarten approached, the parents realized the parenting plan would have to be modified.

Russell moved to modify in November 2014, and Jennifer responded with her own proposed parenting plan.

Procedural Posture & Holding: The standing master held a hearing and issued findings, conclusions, and an order amending the parenting plan so that HD lives with Jennifer during the school year.…