In re Marriage of Myrland

359 Mont. 1, 248 P.3d 290 (2010)

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In re Marriage of Myrland

Montana Supreme Court
359 Mont. 1, 248 P.3d 290 (2010)

SC
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Facts

Carl Myrland (plaintiff) and Heather Myrland (defendant) were married in Montana. Carl and Heather had one child, ANM. The Myrlands moved to North Carolina, where Carl and Heather separated. Heather left the family, and Carl returned to Montana with ANM. Heather had no contact with Carl and ANM for four years. At that point, Heather went to Montana and requested to take ANM out for her birthday. Carl agreed, but Heather never returned to take ANM. Approximately one month later, on May 26, 2006, Heather filed a petition in Texas for divorce and for custody of ANM. Heather had been living in Texas. On October 2, 2006, Carl filed a petition in Montana for divorce and for custody of ANM. Both Montana and Texas had adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The Montana trial court issued a divorce decree, but on Heather’s motion, the court set aside the decree for lack of subject-matter jurisdiction. Specifically, the trial court found that Texas was ANM’s home state for the purposes of a custody determination. Carl appealed.

Rule of Law

Issue

Holding and Reasoning (Leaphart, J.)

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