Legal Opinion

Erger v. Askren

Montana Supreme Court

Decided June 20, 1996No. 95-243PublishedCited by 23 opinions

1Opinion of the CourtJustice Erdmann

This is an appeal from a decision of the Thirteenth Judicial District Court, Yellowstone County, awarding custody of A.R.A. to Patrick J. Erger. We reverse and remand to the District Court for proceedings consistent with this opinion.

We restate the issues as follows:

1. Did the District Court err in awarding custody of the child to a stepparent over a natural parent based on the best interest of the child test?

2. Did the District Court err in failing to set forth reasons for denial of attorney fees?

*68FACTS

Tracy Erger and William (Bill) Askren were married in 1983. A.R.A. was bom to them in 1987.…

2Cases cited18 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Meyer v. NebraskaSupreme Court of the United States · 1923
  4. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
  5. Matter of Guardianship of DoneyMontana Supreme Court · 1977

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Montana Power Co. v. Montana Public Service CommissionMontana Supreme Court · 2001
  2. McDermott v. DoughertyCourt of Appeals of Maryland · 2005
  3. Kulstad v. ManiaciMontana Supreme Court · 2009
  4. Krause v. SiskMontana Supreme Court · 2001
  5. In Re Custody of KrauseMontana Supreme Court · 2001

18 more not listed; retrieve them via the Exa API.

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