Smalling v. Klubben

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The Supreme Court affirmed the order of the Fourth Judicial District Court, Missoula County (Montana Court) determining that it had jurisdiction over a child custody proceeding concerning Father’s minor child (Child), holding the court did not err in finding Child's home state to be Montana and assuming initial subject matter jurisdiction over the child custody proceeding.Child was born in Montana, where she lived with Mother after Father moved to Minnesota. Mother and Child moved to Minnesota and lived there for approximately eight months before moving back to Montana. When Father “took custody” of Child Mother commenced a child custody proceeding by petitioning the Montana Court to establish a parenting plan for Child. Father then brought a separate custody proceeding in a Minnesota Court by filing complaint to establish paternity and resolve parenting issues. The Montana Court determined Montana to be the home state of Child and assumed jurisdiction over the matter. The Supreme Court affirmed, holding that, consistent with the requirements and intent of Uniform Child Custody Jurisdiction and Enforcement Act, the Montana and Minnesota Courts appropriately communicated and cooperated to resolve the jurisdictional issue; and (2) there was substantial credible evidence supporting the findings and conclusions of the Montana Court. View "Smalling v. Klubben" on Justia Law