In re E.M.S.
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The district court terminated Mother's rights to her two minor children after determining that Mother had willfully surrendered custody of her children for a period of six months and that Mother had abandoned her children in accordance with Mont. Code Ann. 41-3-609(1). Mother appealed, contending that she could not surrender custody because she never possessed custody. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it determined that Mother abandoned her children under the circumstances where (1) Mother had physical custody of her children until 2006, and (2) Mother made no manifestation of an intent to resume custody of the children.
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