Matter of K.A.P.

Summary

The Montana Supreme Court affirmed the termination of the mother’s parental rights after the district court found that she had abandoned her child. The court held that the mother failed to preserve her argument that termination required evidence supporting the statutory abandonment finding because she did not raise that objection in the district court. The memorandum opinion is noncitable under the Montana Supreme Court’s Internal Operating Rules.

Holdings

1. Mother waived appellate review of her argument that the District Court was required to take evidence supporting abandonment because she did not timely present that argument to the District Court.
2. The Court found no other basis to conclude that the District Court abused its discretion in terminating Mother's parental rights.

Questions Presented

1. Whether Mother preserved for appellate review her argument that the District Court could not terminate her parental rights without taking evidence establishing abandonment and the other statutory termination requirements.
2. Whether the District Court otherwise abused its discretion in terminating Mother's parental rights.

Disposition

affirmed