Schwarz v. Brockway

The district court erred in awarding visitation, pursuant to Mont. Code Ann. 40-4-228, to a minor child’s paternal grandparents over the mother’s objection without determining whether the mother was a fit parent.The Supreme Court held that the district court in this case erroneously applied section 40-4-228 to this case involving grandparent visitation, where Mont. Code Ann. 40-9-102 is the controlling statute. When determining whether to order grandparent visitation, a court must make a determination as to whether the objecting parent is a fit parent and and then grant visitation over a fit parent’s objection only if the court finds that contact with the grandparent would be in the best interest of the child and that the presumption in favor of the parent’s wishes has been rebutted. The Court reversed and remanded the case for further proceedings. View "Schwarz v. Brockway" on Justia Law