Justia Montana Supreme Court Opinion Summaries

A petitioner filed for a declaration of invalidity of marriage, asserting that the respondent’s consent to the marriage had been induced by duress and fraud. The petition was drafted by the respondent but left unsigned, as she ultimately decided not to pursue it. The petitioner found the paperwork and filed it without the respondent’s knowledge or consent. The respondent was served with the unsigned petition and a consent form, but was not served with a summons or an automatic economic restraining order as required by statute. She did not respond to the petition or attend any hearings, later claiming she was unaware of the proceedings. The petitioner attested to the statements in the petition and consented to the entry of a decree of invalidity.The Twentieth Judicial District Court, Lake County, entered findings of fact, conclusions of law, and a final invalidity decree, concluding that the marriage was irretrievably broken due to serious marital discord and no reasonable prospect of reconciliation. The respondent appealed, arguing that she never signed the petition and that the court failed to consider her interests. The petitioner did not oppose the appeal and agreed that the district court’s judgment should be overruled.The Supreme Court of the State of Montana reviewed the case. It held that the district court erred in declaring the marriage invalid because it failed to make findings under the statutory grounds for invalidity and instead relied solely on the irretrievable breakdown of the marriage, which is not relevant to a declaration of invalidity. The Supreme Court reversed the district court’s findings, conclusions, and decree of invalidity, and remanded with instructions to strike the unsigned petition and dismiss the cause. View "In re Marriage of Anderson" on Justia Law

Two women were married, divorced, and later remarried. During their relationship, one partner conceived two children using sperm donors, and both women jointly raised the children. After their separation, the biological mother filed for dissolution of marriage, initially stating there were no children of the marriage. The other partner countered, asserting that both children were part of the marriage and sought a parenting plan, later petitioning for a determination of parentage under Montana’s presumptive parentage statute. Both parties presented evidence at trial regarding their respective roles in the children’s lives, with testimony from family, friends, and professionals about their parenting and the children’s best interests.The District Court of the Second Judicial District, Butte-Silver Bow County, held a bench trial and, after hearing evidence, amended the pleadings to consider whether the non-biological parent could be awarded a parental interest under Montana’s third-party parental interest statute (§ 40-4-228, MCA). The court found that both parties had impliedly consented to try this issue, as evidence relevant to the statute was presented without objection. The District Court concluded that the non-biological parent had established a child-parent relationship, that the biological mother had engaged in conduct contrary to the parent-child relationship, and that it was in the children’s best interests to continue their relationship with the non-biological parent. The court entered a parenting plan accordingly.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court’s decision. The Supreme Court held that the District Court did not abuse its discretion in amending the pleadings to conform to the evidence and properly awarded a third-party parental interest under § 40-4-228, MCA. The Supreme Court found the District Court’s findings were supported by substantial evidence and that the statutory requirements for awarding a third-party parental interest were met. View "In re Marriage of Rehbein and Paddock" on Justia Law

A married couple, who wed in 2020 and share a young child, purchased an engineering business together using loans secured by the wife’s premarital home. After their separation in 2023, the wife petitioned for divorce. The parties entered into interim agreements regarding custody, child support, and business management, but the husband repeatedly violated these orders by failing to make required payments, misusing business funds, and withholding financial disclosures. The wife raised concerns about the husband’s substance abuse and erratic behavior, providing evidence of his alcohol and marijuana use, as well as incidents of intoxication during child exchanges and at work. The husband denied these allegations but admitted to some problematic behavior in written communications.The Thirteenth Judicial District Court, Yellowstone County, held multiple hearings, finding the husband in contempt several times for violating court orders. At trial, the court heard testimony and reviewed evidence regarding the husband’s parenting, financial conduct, and the parties’ competing proposals for the business. The court found the wife more credible, sanctioned the husband for discovery violations, and ultimately awarded her primary custody of the child, with the husband’s parenting time to be phased in only after he completed chemical dependency and mental health evaluations. The court also awarded the wife sole ownership of the business and her premarital home, requiring her to assume all related debts.The Supreme Court of the State of Montana affirmed the District Court’s decisions. It held that the finding regarding the husband’s failure to make full financial disclosures was supported by substantial evidence and not clearly erroneous. The Supreme Court also found no abuse of discretion in conditioning the husband’s parenting time on completion of evaluations or in awarding the business to the wife, as these decisions were equitable and consistent with Montana law. View "In re Marriage of Boeshans" on Justia Law

After a 17-year marriage, a couple divorced in 2018. The court awarded the wife, who was a homemaker, five years of maintenance and set child support based on her imputed income and the husband’s substantial earnings as an orthodontist. The wife later suffered a traumatic brain injury in a car accident, which left her unable to work for two years. She remarried, ending her maintenance payments, and subsequently experienced ongoing health issues, including complications from Covid-19. By 2024, her maintenance had expired, her income was significantly reduced, and she alleged that the children’s needs had changed, including concerns about health insurance for a special needs child. She also claimed the husband’s income had increased.The Montana Fifth Judicial District Court denied her motion to modify child support without permitting discovery or holding an evidentiary hearing. The court reasoned that the expiration of maintenance was anticipated in the original decree and did not constitute a changed circumstance. It also found the wife’s claims about the husband’s increased income and the children’s needs to be speculative and unsupported by concrete evidence, and thus concluded that no changed circumstances warranted review or modification of the child support order.The Supreme Court of the State of Montana reviewed the case. It held that the wife’s substantial decrease in income, her ongoing health impairments, the children’s aging and insurance needs, and the husband’s alleged increased income constituted sufficient changed circumstances to warrant further inquiry. The Court found that the District Court abused its discretion by denying discovery and an evidentiary hearing, as these were necessary to determine whether the existing child support order had become unconscionable. The Supreme Court reversed the District Court’s order and remanded for further proceedings, including discovery and a hearing. View "In re Marriage of Jackson" on Justia Law

Twin infants were removed from their parents’ care after authorities found them living in unsanitary and unsafe conditions, including exposure to drugs, lack of medical care, and the presence of a registered sex offender in the home. The parents had a history of involvement with child protective services, including three prior removals of their older children due to domestic violence, substance abuse, and neglect, culminating in the involuntary termination of their parental rights to those children. After the twins’ birth in Washington, the family returned to Montana, where similar concerns quickly arose, leading to the Department of Public Health and Human Services seeking emergency protective services and termination of parental rights.The Eighth Judicial District Court, Cascade County, held hearings on the Department’s petition. The parents did not contest probable cause for removal at the emergency hearing. The court appointed a guardian ad litem, who recommended that no reunification efforts were required due to the parents’ history. At the adjudication and termination hearing, the court found clear and convincing evidence of aggravated circumstances, including chronic, severe neglect and prior involuntary terminations, and concluded that the parents’ unfitness was unlikely to change within a reasonable time. The court terminated both parents’ rights to the twins and granted permanent legal custody to the Department, finding that a treatment plan and further reunification efforts were not statutorily required.On appeal, the Supreme Court of the State of Montana reviewed whether the District Court erred in terminating the father’s parental rights. The Supreme Court held that substantial evidence supported the District Court’s findings of chronic, severe neglect and the relevance of prior terminations. The Court also held that the Department was not required to provide reunification services after seeking a determination that such efforts were unnecessary, and that the father’s due process rights were not violated. The decision of the District Court was affirmed. View "In re S.W. & D.W." on Justia Law

After the dissolution of their marriage in 2019, two parents agreed to a parenting plan for their child, D.C.S., which was adopted by the court and provided that the child would primarily reside with the mother, Rebeccah, while the father, Joshua, would have parenting time during visits to Montana. This arrangement remained unchanged for nearly four years. In 2022, the child’s maternal grandfather and step-grandmother, the Scotts, began caring for D.C.S. due to concerns about Rebeccah’s behavior, including substance abuse and neglect. The Scotts alleged that the child’s living conditions with Rebeccah were unsafe and that Joshua had not been involved in the child’s life for several years. After Rebeccah removed D.C.S. from school and moved him to North Dakota, the Scotts sought third-party parenting rights and obtained an ex parte emergency order granting them temporary custody.The Scotts filed their petition and emergency motion in the Eleventh Judicial District Court, Flathead County. Rebeccah objected, challenging the Scotts’ standing and the allegations against her, and moved to amend or set aside the emergency order. The District Court denied her motion, finding the Scotts’ affidavits sufficient for temporary relief. After a full evidentiary hearing, where both sides presented evidence, the District Court issued findings and amended the parenting plan, granting primary custody to the Scotts and parenting time to Rebeccah.On appeal, the Supreme Court of the State of Montana reviewed whether the District Court’s final custody order should be vacated due to alleged procedural errors in granting the initial emergency order, and whether plain error review was warranted for the denial of Rebeccah’s post-judgment motions. The Supreme Court held that any procedural defects in the temporary order were cured by the subsequent evidentiary hearing and final order, rendering those issues moot. The Court also declined to exercise plain error review, finding no manifest miscarriage of justice. The District Court’s order was affirmed. View "In re Parenting of D.C.S." on Justia Law

A child, J.B., was removed from her mother’s care in 2015 after reports of drug use by the mother. The Department of Public Health and Human Services initially dismissed its petition in 2018 after the father completed a treatment plan and J.B. was cared for by her paternal grandmother. In 2021, J.B. was again removed, this time from her paternal grandmother’s home due to allegations of sexual abuse by an uncle. Over the next several years, J.B. experienced multiple placements, including with relatives and in therapeutic foster care, while the Department attempted to provide services and reunification efforts. The mother’s engagement with the Department and her appointed counsel was sporadic, and she struggled with substance abuse and unstable living conditions.The Seventeenth Judicial District Court adjudicated J.B. as a youth in need of care and approved a treatment plan for the mother, who failed to comply with its requirements. The Fort Belknap Indian Community, recognizing J.B. as an Indian child under the Indian Child Welfare Act (ICWA), moved to transfer the case to tribal court. The father objected to the transfer, and the District Court denied the motion. The court later terminated both parents’ rights, finding that the Department made active efforts to reunify the family and that continued custody by the mother would likely result in serious harm to J.B. The mother appealed, arguing ineffective assistance of counsel, improper denial of the transfer to tribal court, and insufficient evidence for termination.The Supreme Court of the State of Montana affirmed the District Court’s decisions. It held that under ICWA, either parent’s objection to transfer to tribal court is an absolute bar, and the father’s written objection was sufficient. The Court found no ineffective assistance of counsel, as the mother’s lack of engagement prevented effective advocacy. Finally, the Court concluded that the District Court did not abuse its discretion in terminating the mother’s parental rights, as the statutory and ICWA requirements were met by evidence beyond a reasonable doubt. View "Matter of J.B., YINC" on Justia Law

Kenneth H. Kofler and Billee K. Reis share a minor child, A.V.R. In 2017, Kofler filed a Petition to Establish Parenting Plan in Flathead County District Court, Montana. At that time, Kofler lived in Vancouver, Washington, and Reis and A.V.R. lived in Kalispell, Montana. The court issued a final parenting plan in December 2018, which allowed Kofler to gradually increase his parenting time. In 2019, Kofler requested an amendment to the plan due to his inability to move to Kalispell. Subsequent allegations of abuse by Reis led to a criminal investigation, which did not result in charges. The court issued an interim parenting plan in November 2022, requiring reunification therapy for Kofler and A.V.R.Reis relocated to North Carolina without permission and filed for emergency custody there. The North Carolina court initially granted her request but later dismissed the action after communication with the Montana court, which refused to relinquish jurisdiction. The Montana District Court reaffirmed its jurisdiction and ordered reunification therapy. Reis appealed the court's refusal to transfer jurisdiction and its award of attorney’s fees to Kofler.The Montana Supreme Court reviewed the case. It affirmed the District Court's decision to retain jurisdiction, citing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The court found that Montana retained exclusive, continuing jurisdiction as there was no pending proceeding in another state. The court also noted that the North Carolina court could not accept jurisdiction while the Montana proceeding was active.However, the Montana Supreme Court reversed the District Court's award of attorney’s fees to Kofler, finding no statutory or contractual basis for such an award. The court emphasized that attorney’s fees are generally not recoverable without specific legal authority. View "In re Parenting of A.V.R." on Justia Law

James Michael Kahl (James) and Jennifer June Sperano (Jennifer) have a minor daughter, M.A.K., born in May 2019. James filed a dissolution and parenting plan action in January 2020, which continued as a parenting plan matter after the parties agreed they were never married. Initially residing in Gardiner, Montana, both parents moved to Red Lodge, Montana, before separating. Jennifer returned to Gardiner and filed her own petition for a parenting plan. The Park County District Court transferred the case to the Carbon County District Court.At a February 2020 hearing, James requested supervised visitation for Jennifer due to her alleged chemical dependency issues, while Jennifer requested primary custody and supervised visitation for James, citing his allegedly abusive behavior. The District Court denied both requests for supervised visitation and ordered alternating weekly custody. In fall 2024, with M.A.K. starting school, both parents requested amended parenting plans. The District Court found both Red Lodge and Gardiner suitable for M.A.K. and ultimately granted Jennifer primary custody during the school year, with James having alternating weekends and extended summer parenting time.The Montana Supreme Court reviewed the case. James raised four issues on appeal: the admissibility of Judge Brenda R. Gilbert's testimony, the District Court's decision not to follow the Guardian Ad Litem's (GAL) recommendation, an alleged factual error regarding Jennifer's employment, and the workability of the parenting plan. The Court found no error in admitting Judge Gilbert's testimony, as she was not the presiding judge and provided relevant testimony. The Court also held that the District Court properly evaluated the GAL's recommendations and found substantial evidence supporting the District Court's findings regarding Jennifer's employment and the parenting plan's workability. The Montana Supreme Court affirmed the District Court's decision. View "Marriage of: Kahl & Sperano" on Justia Law

A mother appealed the July 2024 orders of the Montana Thirteenth Judicial District Court, Yellowstone County, which awarded guardianship of her children, I.R.S. and M.W.A.H., to non-kinship, non-Native American foster parents. The children were removed from the mother's home due to her illicit drug use and associated safety concerns. I.R.S. is a member of the Northern Cheyenne Tribe, triggering the Indian Child Welfare Act (ICWA). The Department initially placed I.R.S. with the mother's sister (Aunt), but later removed him due to allegations of physical abuse. The mother did not object to the new placement at the time. M.W.A.H. was born in September 2022 and was also removed from the mother's custody due to her continued issues. Both children were placed with a non-kinship, non-Native American foster family.The District Court adjudicated both children as youths in need of care and extended temporary custody to the Department. The mother did not contest these adjudications. The Department later petitioned for guardianship, which the mother initially contested but later approved of the placement. However, she changed her mind multiple times during the proceedings. The Aunt filed a motion to intervene, asserting her right under ICWA, but later withdrew her motion and was deemed an "interested person."The Montana Supreme Court reviewed the case and affirmed the District Court's decisions. The court held that the mother was not denied her right to counsel, as she had stipulated to the adjudication and did not pursue a transfer to tribal court. The court also found that the District Court did not err in failing to treat the mother's questions about transferring her case to tribal court as a motion to transfer. Additionally, the court concluded that the District Court did not erroneously deny the Aunt's motion to intervene, as she withdrew her motion. Finally, the court held that the District Court correctly concluded that good cause existed to deviate from ICWA placement preferences, as the Department had made diligent efforts to find a suitable ICWA-preferred placement but found none. View "In re I.R.S. & M.W.A.H." on Justia Law