Justia Family Law Opinion Summaries

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

A.L.U. was born to Rozlyn Bluemel and Tyler Uhrich in March 2020. After Rozlyn and Tyler became estranged, Tyler murdered Rozlyn in May 2022. Following the murder, the Montana Department of Public Health and Human Services placed A.L.U. in the care of her paternal grandparents, Ashley and Vijay Uhrich, who later adopted her. After the adoption, the Uhrichs terminated all visitation between A.L.U. and her maternal grandmother, Sharline Bluemel. Sharline then filed a petition for grandparent visitation, seeking increased visitation time with A.L.U.The Twentieth Judicial District Court, Lake County, granted Sharline's petition in part, allowing her limited supervised visitation with A.L.U. The court found that maintaining a connection with her maternal grandmother was in A.L.U.'s best interest, despite the objections of the Uhrichs. The court set a visitation schedule for Sharline to have four-hour supervised visits with A.L.U. once every two months.The Uhrichs appealed the decision to the Supreme Court of the State of Montana, arguing that the District Court erred by not properly applying the statutory presumption in favor of their wishes as fit parents. They contended that the court improperly substituted its judgment for theirs regarding A.L.U.'s best interests.The Supreme Court of the State of Montana affirmed the District Court's decision. The court held that the District Court correctly applied the statutory standard and found clear and convincing evidence that limited contact with Sharline was in A.L.U.'s best interest. The court noted that the District Court's findings were supported by substantial evidence and that the visitation schedule was reasonable and addressed the Uhrichs' concerns by requiring supervised visits at agreed-upon locations. View "Grandchild visitation of A.L.U." on Justia Law

Brandon James Caldwell and Jenny Lynn Caldwell were married in 2008 and later moved to Montana. They separated in June 2020, and Jenny filed for dissolution of marriage, proposing a parenting plan for their three minor children. The District Court issued several interim parenting plans but did not finalize one. The couple reached a Property Settlement Agreement in April 2021, agreeing to divide their assets, including two homes. Disputes arose over the appraisal of their marital home in Highwood, Montana, leading to further court proceedings.The District Court of the Eighth Judicial District, Cascade County, held multiple hearings and allowed a second appraisal of the Highwood property, despite Brandon's objections. The court found the initial appraisal undervalued the property and ordered a new appraisal to ensure an equitable division of assets. The final decree, issued in March 2024, included the second appraisal's value but did not incorporate a final parenting plan, which was an oversight.The Montana Supreme Court reviewed the case. It affirmed the District Court's decision to allow a second appraisal and use its value for property division, finding no abuse of discretion. The court emphasized the need for accurate property valuation to achieve equitable distribution. However, the Supreme Court remanded the case for the District Court to issue a final parenting plan based on the existing record, as required by Montana law. The final decree was otherwise affirmed. View "Marriage of: Caldwell" on Justia Law

K.B. (Mother) appealed the Thirteenth Judicial District Court's order terminating her parental rights to her daughter, P.E.W., arguing that the Montana Department of Public Health and Human Services Child and Family Services Division (Department) failed to engage in active efforts to assist her in reunifying with her Indian child, and that the District Court wrongly approved a non-Native American foster placement for P.E.W., in violation of the Indian Child Welfare Act (ICWA).The District Court had removed K.B.'s children, B.J.B. and P.E.W., from her care due to allegations of physical neglect and abuse. The Department filed a petition for emergency protective services, adjudication as youth in need of care, and temporary legal custody. The court adjudicated P.E.W. as a youth in need of care, granted temporary legal custody to the Department, and determined that ICWA applied. The Department developed a treatment plan for K.B., but she failed to comply consistently. The Department made extensive efforts to assist K.B., including providing transportation, financial assistance, and facilitating visitations. Despite these efforts, K.B. struggled with chemical dependency, unstable housing, and compliance with treatment programs. The District Court extended temporary legal custody multiple times and ultimately terminated K.B.'s parental rights, finding that the Department had made active efforts as required by ICWA and that continued custody by K.B. would likely result in serious emotional or physical damage to P.E.W.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The court held that the Department had made active efforts to reunify K.B. with her child, as required by ICWA, and that the District Court did not abuse its discretion in terminating K.B.'s parental rights. The court also found that good cause existed to deviate from ICWA's placement preferences due to the lack of suitable ICWA-compliant placements and the specialized needs of P.E.W. View "In re P.E.W." on Justia Law

The case involves the termination of a mother's parental rights to her child due to her ongoing struggles with substance abuse, domestic violence, and instability. The Department of Public Health and Human Services petitioned for emergency protective services and temporary legal custody of the child, who was already living with the paternal grandmother. Despite the mother’s participation in various treatment programs, she failed to maintain sobriety and stability, leading to the Department's petition to terminate her parental rights.The Thirteenth Judicial District Court, Yellowstone County, held a contested termination hearing and subsequently issued an order terminating the mother's parental rights while denying the petition to terminate the father's rights. The mother appealed, arguing that the termination of her rights was not in the child's best interests, especially since the father's rights were not terminated.The Supreme Court of the State of Montana reviewed the case, focusing on whether the District Court abused its discretion in terminating the mother's parental rights while continuing reunification efforts with the father. The court found that the District Court made sufficient findings and conclusions to support its decision under the relevant statute, which allows for the termination of parental rights if the parent has not complied with or successfully completed a court-ordered treatment plan and if the parent's condition is unlikely to change within a reasonable time.The Supreme Court affirmed the District Court's decision, concluding that the termination of the mother's parental rights was supported by clear and convincing evidence and was in the child's best interests, regardless of the father's situation. View "In re B.J.B." on Justia Law