Cromwell v. Schaefer
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The Supreme Court reversed the order of the district court setting forth a parenting plan which awarded maternal Grandmother primary residential custody of Child during the course of an ongoing child dependency proceeding, holding that Grandmother could not pursue a parental interest and parenting plan during the pendency of the child dependency proceeding.
In a dependent neglect (DN) matter, the Department of Health and Human Services, Child and Family Services Division (Department) became formally involved with Mother. Thereafter, Father petitioned the district court for a parenting plan designating him as Child’s primary residential parent. Grandmother subsequently filed a petition to establish a parental interest as a separate action. The district court consolidated the two matters. While the DN case was pending, the district court awarded Grandmother primary residential custody of Child. The Supreme Court reversed and remanded the matter, holding that Montana law did not provide Grandmother the ability to pursue a parental interest during the pendency of the child dependency proceeding.
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