In Re Marriage of Lundby

¶1 This is an appeal from an order of the Eighth Judicial District Court, Cascade County, granting change of primary custody of the parties’ minor children from the appellant, Theresa Lundby, to the respondent, Donald Lundby. Vacated and Remanded.

¶2 The dispositive issue on appeal is whether the District Court had jurisdiction to modify the custody agreement between the parties.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Theresa Lundby and Donald Lundby were married in Great Falls, Montana, on October 4, 1980. They have two children, David, born October 12,1982, and Kevin, born May 12,1985. Theresa…