Justia Family Law Opinion Summaries

Jesse Rehbein and Danielle Buck are the natural parents of two children, L.M.A.R. and N.R.R. In January 2018, the Department of Child and Family Services removed the children from their care due to concerns including neglect of medical and educational needs, substance abuse, and domestic violence. The children were placed with their grandparents, Doug and Annette Rehbein, who have cared for them since March 2018. Jesse and Danielle made some efforts to improve their situation, including therapy and drug testing, but the grandparents were appointed as guardians in February 2019.The Eleventh Judicial District Court, Flathead County, issued an Amended Final Parenting Plan on September 6, 2023, granting the grandparents a third-party parental interest. Jesse and Danielle objected, arguing that the court should have applied the grandparent visitation statute (§ 40-9-102, MCA) rather than the third-party parental interest statute (§ 40-4-228, MCA). The District Court found that the grandparents met the requirements under § 40-4-228, MCA, and granted them a parental interest, allowing Jesse and Danielle unsupervised visitation every other weekend.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The Court held that the District Court correctly applied § 40-4-228, MCA, as the Montana Legislature allows grandparents to seek third-party parental status under this statute. The Court found clear and convincing evidence that Jesse and Danielle engaged in conduct contrary to the child-parent relationship and that the grandparents had established a child-parent relationship with the children. The Court also noted that the fitness of the natural parents is not a consideration under § 40-4-228, MCA, when granting a third-party parental interest. The decision to grant the grandparents a third-party parental interest was affirmed. View "In re the Parenting Plan of L.M.A.R and N.R.R." on Justia Law

The case revolves around a dispute over child support payments. Jeffery Williams, a former OB/GYN physician, was ordered by the District Court to pay $944 per child per month after it found him to be voluntarily underemployed. Williams had been earning a substantial income as a physician but was terminated from his position following a conviction for Partner/Family Member Assault. Instead of seeking further employment in the medical field, Williams decided to leave medicine and invested over $1,000,000 in two business ventures, one of which failed and the other was barely profitable. Williams appealed the District Court's decision, arguing that it was unfair to impute his previous income as a physician when determining his child support obligations.The District Court had initially ordered Williams to pay $1,110 per month in child support. However, after Williams was convicted of Partner/Family Member Assault and lost his job, the court increased the child support to $2,262 per month. Williams then requested a review of his child support obligations, and the Child Support Services Division proposed two alternative amounts based on different scenarios. The Administrative Law Judge found Williams to be voluntarily underemployed and proposed a reduction of his monthly child support obligation to $944.The Supreme Court of the State of Montana affirmed the District Court's decision. The court found that Williams was voluntarily underemployed and had made a personal choice to leave a highly-skilled field to start a business that would potentially earn him less than one-third of his prior salary. The court held that it was appropriate to impute Williams' prior income when determining his child support obligations, as he had not provided any reasonable alternative that would provide for his child's current needs. The court also rejected Williams' argument that the District Court had erred in applying relevant statutory and legal authority. View "In re Parenting of S.J.W." on Justia Law

The case revolves around a child, R.N., who was removed from his mother's care and placed in foster care with Ben and Charissa Wagner. The Wagners had previously adopted two of the mother's other children. The Department of Public Health and Human Services was granted temporary legal custody of R.N. and ordered the mother to complete a treatment plan. The Department later filed a petition to terminate the mother's parental rights due to her failure to complete the treatment plan and alleged abandonment of R.N. However, the mother began to engage with the Department and made positive changes, leading to the Department's shift from termination to reunification.The Wagners, unhappy with the Department's change of stance, filed a motion to intervene, asserting that it was appropriate under M. R. Civ. P. 24 and § 41-3-422(9)(b), MCA. The District Court granted the Wagners' intervention motion, despite objections from the mother, the Department, and the guardian ad litem. The Wagners then filed a motion seeking an order for R.N. to be immediately placed in their care and for the Department to pursue termination of the mother's parental rights. The District Court did not set a hearing or issue a determination on the Wagners' motion. The Department filed a motion to dismiss the case, which the District Court granted.The Supreme Court of the State of Montana affirmed the District Court's decision to dismiss the case. The Supreme Court found that the District Court had misinterpreted the law when it allowed the Wagners to intervene. The court also ruled that the Wagners did not have a fundamental liberty interest in the care and custody of R.N. because the mother's rights had not been terminated. Furthermore, the court held that neither the District Court nor the Supreme Court had the authority to order or compel the Department to refile and prosecute its petition for termination. View "In re R.N." on Justia Law

The case involves T.S. (Mother) and A.A. (Father) who appealed the termination of their parental rights to their minor children (D.A., L.A., and F.A.) by the Montana Second Judicial District Court. The Child and Family Services Division of the Montana Department of Health and Human Services (Department) became involved with the family in August 2019 when two of the children were found wandering the streets unsupervised. The Department had previously been involved with the family due to allegations of child abuse or neglect. In August 2019, the Department removed the children from the parents' care and placed them in a protective kinship placement. The parents were given treatment plans to follow for potential reunification with their children.Despite multiple extensions to complete their treatment plans, neither parent had successfully completed all requirements by January 2022. As a result, the Department transitioned to court-ordered guardianships as the new permanency plan for the children. In March 2022, the Department petitioned for termination of parental rights due to the parents' failure to complete their treatment plans and their inability to provide adequate parental care. The District Court issued judgments terminating the parents' respective parental rights.The Supreme Court of the State of Montana affirmed the lower court's decision. The court found that the District Court's findings of fact were supported by substantial evidence and that the parents had failed to demonstrate that any material District Court finding of fact was clearly erroneous. The court also held that the District Court did not terminate the parents' respective parental rights without clear and convincing evidence that the Department made reasonable family preservation and reunification efforts. The court concluded that the District Court correctly terminated the parents' respective parental rights under § 41-3-609(1)(f), MCA. View "In re F.A." on Justia Law

The parties, Nancy M. Steward and Joseph H. Steward, were married in 2006 and divorced in 2020, with two minor children. The court adopted their Stipulated Parenting Plan (SPP), which included a child support arrangement. After the court adopted the SPP, Joseph requested a modification of child support from the Montana Child Support Services Division (CSSD). CSSD issued a modified order determining Joseph's child support obligation to be less than initially stipulated. Nancy contested the date of commencement of the modified child support, asserting it should not have commenced until the month after she received notification from CSSD of the modified amount.The issue on appeal was whether the District Court abused its discretion in commencing modified child support prior to Nancy receiving actual notification of the modified child support order and amount from CSSD. Nancy argued that under § 40-4-208, MCA, and Healy, child support may only be modified subsequent to her receipt of actual notice of the CSSD modification notice and order. Joseph argued that the statute supported modification of the court’s original child support order for any installments accruing subsequent to when he served Nancy notice of his request for hearing on child support modification with CSSD.The Supreme Court of the State of Montana affirmed the District Court's decision. The Supreme Court ruled that the District Court correctly interpreted the law and appropriately determined the commencement of the modified child support after notice to Nancy of Joseph’s request to modify child support, as permitted by § 40-4-208(1), MCA. The Supreme Court also overruled any interpretation of Healy that limits a district court’s authority to modify child support installments accruing after a party’s receipt of actual notice of the CSSD modification notice and order when that party was appropriately put on notice of the other party’s pursuit of modification of child support well before CSSD’s notice and order. View "In re Marriage of Steward" on Justia Law

This case involves a minor plaintiff, identified as S.W., who suffered severe injuries inflicted by her father's girlfriend. The State of Montana's Department of Public Health and Human Services was sued based on claims that it negligently failed to remove S.W. from her father's home prior to the injuries. The District Court ruled that the state's child abuse investigation was negligent and had led to S.W.'s injuries. A jury awarded S.W. over $16 million in damages.Several issues were raised on appeal, including whether the District Court was correct in deciding that the state's immunity provision did not cover the State, but only individual persons, whether the state was negligent as a matter of law, and whether the assault on S.W. was foreseeable.The Supreme Court of the State of Montana held that the District Court was correct in its interpretation that the state's immunity provision did not extend to the State. However, the Supreme Court found that the District Court erred in its summary judgment that the State was negligent as a matter of law and that the assault on S.W. was foreseeable as a matter of law. The Court ruled that these issues contained material factual disputes that should be left to a jury. The Supreme Court also held that the District Court abused its discretion by imposing a disproportionate sanction on the State for spoliation of evidence. The judgment was reversed, the jury’s verdict was vacated, and the case was remanded for a new trial. View "S. W. v. State" on Justia Law

This case involves an appeal against a judgment from the Montana Eighteenth Judicial District Court, Gallatin County, which committed the appellant, G.M., into the custody and care of the Montana State Hospital (MSH) for involuntary mental health treatment. The key issue at hand is whether the District Court erroneously found that G.M. was unable to adequately care for her own basic needs and safety based on hearsay statements made by her husband through the testimony of a court-appointed professional.G.M., aged 66 at the time of the petition for involuntary mental health commitment in 2021, was alleged to be suffering from a diagnosed psychotic mental disorder. G.M.'s husband's statements, along with her own behavior and assessments from mental health professionals, were the basis for the court's decision. G.M.'s counsel repeatedly objected to the court-appointed professional's testimony regarding her husband's out-of-court statements, but these objections were overruled.G.M. testified on her own behalf, denying having a mental disorder or requiring treatment. Despite this, the District Court found that due to her diagnosed schizophrenic and delusional mental disorder, G.M. was “substantially unable to provide for her own basic needs of food, clothing, shelter, health, or safety."On appeal, the Supreme Court of the State of Montana affirmed the judgment of the lower court. The court found that the lower court's decision was not clearly erroneous and was supported by substantial admissible evidence. The court stated that the hearsay statements of G.M.'s husband were admissible under the rules of evidence to explain the underlying rationale for the court-appointed professional person's expert opinion. The court also noted that the judgment was independently supported by the professional person's personal observations and opinions on G.M.'s condition and ability to care for her own needs and safety. View "In re Matter of G.M." on Justia Law

The case involves an appeal from a defendant, Christopher Michael Welch, who was convicted of attempted incest, incest, sexual abuse of children, and unlawful restraint. Welch began dating the mother of three daughters in 2018, and they eventually got married. The oldest daughter, J.P., testified about the inappropriate behavior and sexual advances made by Welch towards her. During the trial, Welch's defense suggested J.P. fabricated her claims.Welch's appeal raised two issues. First, he claimed prosecutorial misconduct, arguing that the prosecutor improperly vouched for J.P.'s credibility and made inappropriate emotional appeals to the jury. The Supreme Court of the State of Montana found no evidence of prosecutorial misconduct that would warrant plain error review, arguing that the prosecutor's comments were within the boundaries of discussing witness credibility and the lack of forensic evidence. The court also rejected Welch's argument that the cumulative effect of the state's comments prejudiced his right to a fair trial.Second, Welch objected to certain probation restrictions imposed by the District Court, arguing they had no reasonable nexus to the offense charged. These included prohibitions on using or possessing alcohol and illegal drugs, gambling, entering bars, and entering casinos. The court found these to be standard conditions authorized by statute and ruled that Welch failed to demonstrate that the lower court abused its discretion in imposing them. Therefore, the court affirmed the conviction and sentencing. View "State v. Welch" on Justia Law

The defendant, Jacob Palmer, was found guilty of felony Partner or Family Member Assault (PFMA) by the Eleventh Judicial District Court, Flathead County, following an incident where he attacked his girlfriend, K.Y., with whom he had been in a relationship for over a decade. During his trial, evidence was presented regarding prior altercations between Palmer and K.Y. Palmer appealed to the Supreme Court of the State of Montana, challenging the District Court's decision to admit this evidence.The issue before the Supreme Court of Montana was whether the District Court had abused its discretion by admitting evidence of Palmer's prior altercations with K.Y. in his PFMA trial. The Supreme Court held that the District Court had not abused its discretion. The court reasoned that the evidence of Palmer's previous altercations with K.Y. was relevant and admissible under Montana Rule of Evidence 404(b). The court explained that such evidence can provide context about the complex dynamics of domestic violence, including the cycle of abuse and the reasons why victims such as K.Y. might not immediately report the abuse or might be reluctant to discuss the abuse with law enforcement. The court further determined that the probative value of this evidence was not significantly outweighed by its potential prejudicial effect against Palmer. As such, the court affirmed the District Court's decision to admit the evidence and upheld Palmer's conviction. View "State v. Palmer" on Justia Law

The Supreme Court of the State of Montana was tasked with determining whether the Municipal Court had sufficient evidence to enter a permanent order of protection against the appellant, Alda Bighorn. Bighorn was prohibited from having contact with her grandchild, L.D.F.S, unless supervised, due to allegations made by L.D.F.S's mother, Camille Fritzler. Fritzler alleged that Bighorn had taken L.D.F.S to a family gathering while intoxicated and seeking narcotics, and was planning to enroll L.D.F.S with a Native tribe to gain custody over her. These allegations were not corroborated by any witness testimony or other evidence, but the Municipal Court granted a permanent order of protection against Bighorn. Bighorn appealed this decision, and the District Court affirmed the Municipal Court's ruling.The Supreme Court of the State of Montana reversed the lower courts' decisions, ruling that the Municipal Court had abused its discretion by granting the permanent order of protection without any substantial, credible evidence supporting Fritzler's allegations. The Supreme Court noted that hearsay allegations may be sufficient to support issuing a temporary order of protection, but not a permanent one. Furthermore, the court deemed it improper for the lower court to issue a visitation order for a grandparent in a protection order proceeding, stating that grandparent visitation should be established by filing a petition under the relevant statute. The case was remanded to the Municipal Court to vacate and rescind the permanent order of protection against Bighorn. View "Fritzler v. Bighorn" on Justia Law