Maxwell v. Maxwell

Howard Maxwell appeals from a judgment of the District Court of the Eighth Judicial District, Cascade County, Montana, Judge John M. McCarvel presiding, granting Pamela Maxwell primary physical custody of the couple’s minor children. We reverse and remand.

We frame the issues as follows:

1. Did the District Court err in failing to consider all of the factors set forth in § 40-4-212, MCA, in determining the children’s best interests?

2. Did the District Court err in refusing to allow certain testimony of witnesses offered by the father?

The Maxwells were married eleven years and had three sons,…