Erger v. Askren

specially concurs.

I concur in our opinion on both issues 1 and 2.1 write separately because I believe that several points not addressed in our opinion deserve mention.

First, it is only fair to point out that both Henderson v. Henderson (1977), 174 Mont. 1, 568 P.2d 177, and Matter of Guardianship of Doney (1977), 174 Mont. 282, 570 P.2d 575, were decided prior to the enactment of § 40-4-221, MCA, in 1979. Accordingly, the constitutional principles enunciated in those cases and relied upon here were neither considered nor addressed in the context of this statute.

Second, Brost v. Glasgow…