Schwarz v. Schwarz (In Re L.R.S.)

Justice Laurie McKinnon delivered the Opinion of the Court.

¶1 Kristy Brockway, mother of minor child L.R.S., appeals from an order of the Sixth Judicial District Court, Park County, granting Vicki Rae Schwarz and Quentin Gotfried Schwarz, L.R.S.'s paternal grandparents, visitation. We reverse and remand for further proceedings.

¶2 We restate the issue on appeal as:

Absent a consideration of whether the minor child's mother was fit, did the District Court err in awarding visitation, pursuant to § 40-4-228, MCA, to the child's paternal grandparents over mother's objection?

FACTUAL AND PROCEDURAL…