Legal Opinion

Higgins v. Cumber

Montana Supreme Court

Decided November 25, 2014No. DA 14-0145PublishedCited by 2 opinions

1Opinion of the CourtJustice Wheat

¶1 Tracy Marie Cumber and Randy Cumber (the Cumbers) appeal from the order of the Montana Seventeenth Judicial District Court, Valley County, granting Karen Higgins (Karen) visitation with the Cumbers’ child, C.T.C. We reverse the order and remand for proceedings consistent with this Opinion.

ISSUES

¶2 We review the following issue: Was the District Court’s assessment of C.T.C.’s best interests clearly erroneous? As our review of this issue is dispositive, we decline to reach the two additional issues the parties presented for consideration.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 C.T.C. was bom in…

2Cases cited9 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Kulstad v. ManiaciMontana Supreme Court · 2009
  3. Polasek v. OmuraMontana Supreme Court · 2006
  4. Puccinelli v. PuccinelliMontana Supreme Court · 2012
  5. Snyder v. SpauldingMontana Supreme Court · 2010

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3Cited by2 opinions

  1. Schwarz v. Schwarz (In Re L.R.S.)Montana Supreme Court · 2018
  2. In re JohnsonMontana Supreme Court · 2018

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