In re Parenting of L.R.
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This case before the Supreme Court of the State of Montana involves Anthony Reed, the petitioner and appellant, and Catherine Martin, the respondent and appellee. The two parties share a child, L.R., born in 2013. After their separation in 2015, the child has primarily resided with Martin, with Anthony having limited, supervised visitation rights. Anthony has sought to modify the parenting plan on multiple occasions, asserting that his circumstances and those of L.R. have changed significantly over the years, but the District Court has denied his motions.
Anthony's assertions of changed circumstances include his graduation from law school, passing of the bar exam, gainful employment as an attorney, entering a committed relationship, and undergoing therapy. He also asserts that L.R.'s growth and development from a toddler to a 10-year-old, his desire to interact with Anthony at his home and in the community, and Martin's alleged parental alienation constitute changes in L.R's circumstances.
The Supreme Court of the State of Montana held that Anthony has met his burden under § 40-4-219(1), MCA, that a change of circumstances of the child has occurred, and that the District Court's failure to hold a hearing and finding otherwise was clearly erroneous. The Court reversed the District Court's denial of Anthony's motion to modify the parenting plan and remanded the case for a hearing to consider amendment of the parenting plan in L.R.'s best interests. The Court also stated that it appears appropriate for the District Court to order a parenting evaluation and, if deemed necessary, appoint a Guardian Ad Litem.
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