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In re the Parenting of MMK

In re the Parenting of MMK, 2016 MT 81 (April 5, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: Whether the district court properly concluded that Montana is an inconvenient forum for determining whether Ambrose has a parental interest in MMK under § 40-7-108, MCA.

Short Answer: Yes.


Facts: MMK was born in Great Falls in 2011. Her father has not been involved in her life. When MMK was one, her mother, Kutil, executed a six-month power of attorney in favor of Ambrose, and gave MMK to Ambrose for temporary care. When the power of attorney expired, Kutil and Ambrose disagreed about who should have custody of MMK, and Ambrose refused to return the child. In June 2013 Kutil regained physical custody of MMK from Ambrose with the help of volunteer attorneys, law enforcement, and DPHHS.…