In Re the Marriage of Drake

¶1 Marvin Drake (Marvin) filed a motion in the First Judicial District Court in Lewis and Clark County, to modify the arrangement for residential custody of his two children, Gavin and Danielle. The court held a hearing and granted his request in April 2001. Jessica Drake, n/k/a Jessica Koterba (Jessica), the children’s mother, filed a timely appeal. We affirm the order of the District Court.

ISSUES

¶2 The primary issue before this Court is whether the District Court erred in granting Marvin’s motion to modify the parenting plan. In that connection, we have been asked to decide whether the…