PATERNITY AND CUSTODY OF J E H
Annotate this Case
Download PDF
No. 94-387 IN THE SUPREME COURT OF THE STATE OF MONTANA 1995 IN RE THE PATERNITY AND CUSTODY OF: J.E.H., a minor child. SEAN HOLMAN, Petitioner and Respondent, v SAMANTHA BEAUBIEN, Respondent and Appellant. APPEAL FROM: District Court of the Eighth Judicial District, 1n and for the County of Cascade, The Honorable Joel G. Roth, Judge presiding. COUNSEL OF RECORD: For Appellant: Brett C. Asselstine, Attorney at Law, Great Falls, Montana For Respondent: Nathan J. Hoines and Marvin Anderson, Attorneys at Law, Great Falls, Montana Submitted on Briefs: Decided: Filed: June 15, 1995 July 25, 1995 Chief Justice J. A. Turnage delivered the Opinion of the Court. Samantha Beaubien appeals the decision of the Eighth Judicial District Court, Cascade County, granting Sean Holman's modify the parties' custody agreement. motion to We affirm The sole issue is whether the District Court erred in granting Holman's motion to modify the custody agreement. We review a district court's findings of fact concerning modification of a custody agreement findings are 257 (1993), clearly erroneous. to determine whether the In Re the Marriage of McClain Mont. 371, 849 P.2d 194. We review a district court's conclusions of law to determine whether its interpretation of the law is correct. 470, Steer, Inc. v. Dept. of Revenue (1990), 245 Mont. 803 P.2d 601 Decisions concerning modification of primary custodial rights, without altering the parties' status as joint legal custodians, are governed by § 40-4-219, MCA. In Re the Marriage of Johnson (1994), 266 Mont. 158, 879 P.2d 689. In Johnson, we concluded that: a motion or petition to modify child custody provisions in a dissolution decree which have the effect of substantially changing the primary residence of the parties' children, even though the formal designation of "joint custody" is retained, are to be construed as motions or petitions to terminate joint custody and must satisfy the jurisdictional requirements set forth in 5 40-4-219, MCA. Johnson, 879 P.2d at 694. After Court reviewing correctly the determined MCA, had been satisfied. record, that we conclude that the District the requirements of § 40-4-219, The record indicates that a change of circumstances occurred necessitating a modification of custody to 2 serve the child's best interest. The record also supports the District Court's conclusion that allowing J.E.H.'s mother to retain custody seriously endangered J.E.H.'s physical, mental, moral or emotional health and the harm likely to be caused by a change of environment is outweighed by its advantages to her. The record also indicates that J.E.H.'s mother willfully and consistently attempted to frustrate or deny the father's visitation rights. See § 40-4-219, MCA. We conclude that the District Court's findings are not clearly erroneous and its interpretation of the law is correct. According- ly, we affirm the decision of the District Court. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1988 Internal Operating Rules, this decision shall not be cited as precedent and shall be published by its filing as a public document with the Clerk of the Supreme Court and by a report of its result to the State Reporter and West Publishing Company. Vhief Justice We concur: 3 prepaid, to the COURT -
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
