Justia Montana Supreme Court Opinion Summaries

In 2003, the marriage of Tonia Marez and David Marshall was dissolved by decree. For the next decade, the parties were involved in a bitter dispute over the parenting of their minor daughter. In 2013, after the daughter reached the age of fourteen, David moved to hold Tonia in contempt for failure to comply with the parenting plan. Tonia subsequently moved to hold David in contempt for failure to pay child support. David then moved for sanctions against Tonia for filing numerous pleadings with the intent to “harass, cause unnecessary delay, and needlessly increase the cost of litigation.” The district court granted David’s motion for contempt, denied Tonia’s motion for contempt, and imposed sanctions against Tonia. The Supreme Court (1) affirmed the order finding Tonia in contempt and the order refusing to find David in contempt, as the record supported the district court’s conclusions; and (2) declined to address the merits of the sanctions against Tonia, as the award of sanctions was not yet a final judgment because it did not include a necessary determination of the amount of costs and attorney fees awarded. View "In re Marriage of Marez" on Justia Law

Mother filed a petition to terminate the parental rights of Father, who was incarcerated. Mother’s petition relied on Father’s alleged abandonment of the parties’ child and failure to support the child. After Father, who was unrepresented, was served he attempted to comply with the summons but failed to answer the petition in a timely manner. The district court entered a default judgment terminating Father’s parental rights based solely on his failure to answer the petition. The Supreme Court reversed, holding that the district court incorrectly applied the law when it terminated Father’s parental rights without an accompanying petition for adoption and by a default judgment with no hearing, no evidence, and no findings. View "Bergsing v. Cardona" on Justia Law

In 2011, Husband filed a petition for dissolution of his marriage with Wife. In 2014, the district court entered a final decree of dissolution and entered a final parenting plan for the parties’ three minor children. Father appealed. The Supreme Court affirmed in part and reversed in part, holding (1) the district court did not abuse its discretion in finding that it was in the children’s best interest to reside primarily with Mother and in awarding primary custody of the children to Mother; but (2) the district court abused its discretion with regard to Father’s child support obligation. Remanded for redetermination of child support or for entry of findings explaining why clear and convincing evidence supported any departure from the uniform child support guidelines adopted by the Child Support Enforcement Division of the Montana Department of Public Health and Human Services. View "In re Marriage of Pesanti" on Justia Law

After Mother and Father, the parents of two children, divorced, Father married Stepmother, and the two children resided with Father and Stepmother. Stepmother filed petitions for adoption of the children and an order terminating Mother’s parental rights. Thereafter, the district court entered a decree of adoption in Stepmother’s favor and terminated Mother’s parental rights to the children, finding that Mother had willfully abandoned the children and had not supported them. The Supreme Court reversed, holding (1) Montana’s right to equal protection requires that counsel be appointed for indigent parents in termination proceedings brought under the Adoption Act; and (2) on remand, the district court was directed to appoint counsel for Mother if it determined that she was financially eligible. View "In re Adoption of A.W.S." on Justia Law

In 2007, the district court granted dissolution of the marriage of Husband and Wife. Multiple appeals and other related cases followed. In 2013, the district court issued an amended judgment in which it revised downward from an earlier judgment the amount of money Husband owed Wife and held that Wife had the right to have the judgment entered as a foreign judgment in Idaho where Husband retained property. Husband appealed this amended judgment. The Supreme Court affirmed, holding that the arguments Husband raised on appeal were either not properly before the Court. The Court also granted Wife’s request that Husband be sanctioned as a vexatious litigant, as sanctions were necessary to curb further abusive litigant by Husband. View "In re Marriage of Guill" on Justia Law

In 2003, a child (Child) was born to Tracy Cumber. Steven Higgins was found to be the birth father and was designated the primary residential parent. Steven subsequently married Karen Higgins. Steven died in 2009. Tracy was subsequently granted primary residential custody of the Child, and the Child started living with Tracy and her husband, Randy Cumber. In 2011, Randy adopted the Child. In the meantime, Karen filed a petition requesting visitation with the Child. The district court granted the petition, and the Cumbers appealed. The Supreme Court reversed, holding that the district court did not apply the correct analysis when it determined that visitation was in the best interests of the Child. View "Higgins v. Cumber" on Justia Law

Thirteen-year-old M.S. was placed into emergency protective custody in 2011. After M.S. was adjudicated a youth in need of care, the Department of Public Health and Human Services filed a petition for termination of Father's rights. Because Father was an enrolled member of the Northern Cheyenne Tribe (Tribe), M.S. was eligible for enrollment with the Tribe and, under Indian Child Welfare Act, M.S. was an Indian child. After a hearing in 2013, the district court ordered Father’s parental rights terminated. The Supreme Court affirmed, holding that the termination proceedings complied with statutory requirements for proceedings involving an Indian child. View "In re M.S." on Justia Law

In 2013, the district court entered a decree of dissolution dissolving the marriage of Wife and Husband. The district court incorporated a property settlement agreement as part of the decree. Approximately one year later, Wife sought relief from the final decree, claiming that the property settlement was unconscionable and that the district court should modify the dissolution decree. The district court denied Wife’s request, finding that there was no basis in fact or law to re-open and modify the decree. The Supreme Court affirmed, holding that Wife did not present any substantial reason that her agreement to the settlement should be overturned or that the dissolution decree should be modified. View "In re Marriage of Tanascu" on Justia Law

The paternal grandmother (Grandmother) of two minor children petitioned the district court for grandparent-grandchild contact. After a hearing, the district court granted Grandmother weekly phone contact, occasional weekend visits in Billings, Montana, and two weeks during the summer at Grandmother’s home in Washington. The natural mother of the children (Mother) appealed. The Supreme Court affirmed the order of the district court with the exception of the provisions regarding extended visits in Washington state, holding that the district court correctly interpreted and applied the grandparent-grandchild contact statute, with the exception of the out-of-state visitation provisions adopted over Mother’s objections. View "Gardner v. Gardner" on Justia Law

In 2012, L.S.P. filed a petition in Flathead County seeking appointment as the guardian and conservator of her father, H.O., who was a resident of Flathead County at the time of the petition. H.O. subsequently moved to an assisted living facility in Missoula County. The district court appointed L.S.P. and her brother, J.O., temporary guardians and conservators of H.O. In 2014, L.S.P. filed a motion to transfer venue to Missoula County. The district court granted the motion. The Supreme Court affirmed, holding (1) the order transferring venue to Missoula County was a final order and was reviewable by the Court; and (2) the district court did not abuse its discretion by ordering that venue be transferred to Missoula County. View "In re Guardianship of H.O." on Justia Law