Matter of L.D.L.B.

Summary

The Montana Supreme Court affirmed the termination of N.L.’s parental rights to L.D.L.B. based on abandonment and upheld the district court’s determination that termination served the child’s best interests. The court concluded that substantial evidence supported findings that N.L. had limited contact, had not assumed a parenting role, and had not seen the child for seven months. The decision is a noncitable memorandum opinion under the Montana Supreme Court’s Internal Operating Rules.

Holdings

1. The district court's finding that N.L. abandoned L.D.L.B. was supported by substantial evidence because N.L. willfully surrendered physical custody for more than six months and did not manifest a firm intention to resume custody or make permanent legal arrangements for the child's care.
2. The decision whether to terminate parental rights was within the district court's discretion, and the district court properly exercised that discretion after considering the child's best interests.
3. The district court did not abuse its discretion in terminating N.L.'s parental rights and awarding custody to D.B.

Questions Presented

1. Whether substantial evidence supported the district court's finding that N.L. abandoned L.D.L.B. under Montana law.
2. Whether the district court was required to terminate N.L.'s parental rights after finding abandonment.
3. Whether the district court abused its discretion by terminating N.L.'s parental rights and awarding custody to D.B.

Disposition

affirmed