In Re the Custody of C.C.

This is an appeal from an order of the District Court of the Nineteenth Judicial District, Lincoln County, Montana, the Honorable Robert M. Holter, presiding. Petitioner appeals both the denial of a motion to continue and the award of custody of the three minor children to respondent.

Appellant (petitioner below) was not present at the non-jury trial held on June 7, 1984. The court denied her attorney’s motion for a continuance because of her absence and subsequently granted custody to respondent on June 19, 1984. On July 13, 1984, appellant filed a notice of appeal and later filed several…