In re E.M.S.

Summary

The Montana Supreme Court affirmed the termination of a mother’s parental rights based on abandonment. The court held that the mother willfully surrendered physical custody of her children for more than six months and failed to manifest an intent to resume custody.

Holdings

1. A parent who previously possessed physical custody may willfully surrender custody by voluntarily transferring it to another person, even though the parent does not possess custody at the time of the termination proceeding.
2. The District Court did not abuse its discretion in finding that Mother abandoned the children because she willfully surrendered custody for more than six months and failed to manifest a clear intent to resume custody.

Questions Presented

1. Whether the District Court abused its discretion by terminating Mother's parental rights on the ground that she had abandoned her children.
2. Whether a parent who previously possessed physical custody and voluntarily transferred it may be found to have willfully surrendered custody under Montana's abandonment statute.

Disposition

affirmed