In Re the Marriage of McKinnon

Christopher McKinnon appeals from an Order of the District Court of the Eighth Judicial District, Cascade County, granting Ivy McKinnon’s Motion for Relief from Final Judgment. We affirm in part, reverse in part and remand.

The dispositive issues on appeal, as stated by this Court, are:

I. Whether the District Court erred in concluding that § 40-6-135, MCA, relates only to relinquishments for purposes of adoption.

II. Whether the court had jurisdiction to rule on the Motion for New Trial or for Modification of Custody or for Relief from Final Judgment.

The relevant facts of this case are…