In Re the Marriage of Frydenlund

Cynthia Frydenlund appeals from an order of the Ninth Judicial District Court, Toole County, designating respondent Merlin Frydenlund as primary physical custodian of the parties’ two youngest children. We reverse.

The sole issue on appeal is whether the District Court erred by applying the “best interest” standard contained in Section 40-4-212, MCA.

The parties’ marriage was dissolved on June 20,1985. The District Court awarded Merlin and Cynthia (Cindy) joint custody of their three children, Tiffany, Travis and Tennile, and designated Cindy as the physical custodian. Merlin has enjoyed…