Tubaugh v. Jackson

Summary

The Montana Supreme Court affirmed a district court’s final parenting plan awarding Stevi Jackson primary custody of the parties’ child and permitting her to relocate with the child to Vermont. The court held that the district court’s factual findings were supported by substantial evidence, correctly applied the child’s best-interest standard, and acted within its discretion in permitting the relocation.

Holdings

1. The finding was supported by substantial evidence and was not clearly erroneous.
2. A parent seeking to restrict the other parent's fundamental right to travel bears the burden of proving, through legitimate and case-specific evidence, that the restriction is in the child's best interests.
3. The district court correctly applied the best-interests standard and acted within its broad discretion in allowing Jackson to relocate to Vermont with C.J.

Questions Presented

1. Whether the district court clearly erred in finding that Jackson did not interfere with Tubaugh's relationship with C.J.
2. Whether the district court applied the correct burden and legal standard when evaluating Tubaugh's request to restrict Jackson's fundamental right to travel and relocate with C.J.
3. Whether the district court abused its discretion by adopting a final parenting plan awarding Jackson primary custody and permitting relocation to Vermont.

Disposition

affirmed