In re Parenting of S.C.B.

S.C.B. was born in 2006 to Father and Mother. In 2014, Grandmother filed a petition in Flathead County seeking to establish a parenting plan in which she would be designated as S.C.B.’s primary care giver. Grandmother then moved for a restraining order against Mother and for an interim parenting plan. While Grandmother’s motions were pending, Mother filed a motion for change of venue seeking to transfer the proceeding to Hill County. The district court granted Mother’s motion and transferred the proceeding to a district court in Hill County. The Supreme Court reversed, holding (1) even if Hill County could be considered a proper county for venue purposes, so too was Flathead County, and because there were two proper counties in which the parenting proceeding could have commenced, it was error for the district court to grant a change of venue; and (2) for purposes of determining the propriety of venue, there was sufficient prima facie evidence of a parent-child relationship between Grandmother and S.C.B. View "In re Parenting of S.C.B." on Justia Law