Legal Opinion

In Re the Marriage of Smith

Montana Supreme Court

Decided July 14, 1988No. 88-059PublishedCited by 2 opinions

1Opinion of the CourtJustice Hunt

This appeal arises from a judgment of the District Court, Fourth Judicial District, County of Missoula, awarding joint custody of the two children with primary residential custody to the father. Mother appeals. We affirm. The issue on appeal is whether the District Court abused its discretion in awarding resident custody to the father by:

1. Improperly making extensive findings of fact not based on substantial, credible evidence.

2. Improperly weighing the evidence and testimony.

3. Failing to make any findings regarding the best interests of the daughter of the parties.

4. Awarding joint…

2Cases cited4 opinions

  1. Marriage of Speer v. SpeerMontana Supreme Court · 1982
  2. In Re the Marriage of WatsonMontana Supreme Court · 1987
  3. In Re the Marriage of SessionsMontana Supreme Court · 1988
  4. In Re the Marriage of AndersonMontana Supreme Court · 1986

3Cited by2 opinions

  1. In Re Marriage of BaerMontana Supreme Court · 1998
  2. In Re the Marriage of SmithMontana Supreme Court · 1990

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