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Davis v. Davis

Davis v. Davis, 2016 MT 52 (March 8, 2016) (Rice, J.) (5-0, aff’d)

Issue: Whether district court erred in affirming the standing master’s order amending the parenting plan and awarding primary custody to mother during the school year.

Short Answer: No.


Facts: Jennifer and Russell are parents of HD, 5 years old. Jennifer lives in Jackson, Wyoming, and Russell lives in Great Falls. The couple divorced in 2012, and their stipulated parenting plan split HD’s time equally between her parents, two weeks at a time. As kindergarten approached, the parents realized the parenting plan would have to be modified.

Russell moved to modify in November 2014, and Jennifer responded with her own proposed parenting plan.

Procedural Posture & Holding: The standing master held a hearing and issued findings, conclusions, and an order amending the parenting plan so that HD lives with Jennifer during the school year.…