In re the Marriage of Christina Jean Atkinson and Robert Nicholas Rannebarger

Marriage of Rannebarger, 2014 MT 347N (Supreme Court of the State of Montana 2014) · Supreme Court of the State of Montana · December 30, 2014 · No. DA 14-0060

Summary

The Montana Supreme Court affirmed a Yellowstone County District Court order modifying the parties’ parenting plan to place the children primarily with their father in Colorado. The court held that the District Court’s findings regarding changed circumstances and the children’s best interests were supported by substantial evidence and that the statutory factors were adequately considered. The opinion is a noncitable memorandum opinion under the Montana Supreme Court’s Internal Operating Rules.

Holdings

  1. The District Court properly modified the parenting plan because substantial changes had occurred in the parents' residences, the parties' informal parenting arrangement, and their relationship, and placement primarily with Robert in Colorado served the children's best interests.
  2. The District Court was not required to make a specific finding on every statutory factor, but it was required to identify the essential and determining facts supporting its conclusions; the court did so here.

Questions Presented

  1. Whether the District Court abused its discretion by adopting Robert's proposed amended parenting plan.
  2. Whether the District Court properly considered the statutory factors governing modification of a parenting plan and the children's best interests.

Disposition

affirmed

Cases Cited (3)

  • In re Klatt, 2013 MT 17, ¶ 12, 368 Mont. 290, 294 P.3d 391(followed)
  • In re Marriage of Oehlke, 2002 MT 79, ¶ 14, 309 Mont. 254, 46 P.3d 49(followed)
  • In re Marriage of Merriman, 247 Mont. 491, 493, 807 P.2d 1351, 1353 (1991)(followed)

Cited In (0)

No citing cases on record yet.

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