In re Marriage of Klatt
Annotate this CaseAfter Mother filed a petition for dissolution of her marriage to Father, the parties entered a marital dissolution agreement and parenting plan providing that the parties would share alternate two weeks of parenting with the minor children. Mother subsequently filed a motion to modify the parenting plan, stating that she and Father had not followed the plan due to Father's business activities and personal trips. The district court ultimately amended the prior parenting plan and granted primary custody of the children to Mother. The Supreme Court affirmed, holding that the district court (1) did not clearly err in determining that Mont. Code Ann. 40-4-219 did not apply in its case and did not abuse its discretion in relying on the factors listed in Mont. Code Ann. 40-4-212 when deciding the best interest of the children; and (2) did not abuse its discretion when it concluded that the wishes of the children, continuity of and stability of care, and other factors weighed in favor of modifying the parenting plan.
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