Henderson v. Henderson

The natural mother, Marlys Henderson, appeals from a judgment of the district court, Cascade County, awarding permanent custody and guardianship of her two minor children to their paternal aunt, Donna Riphenburg.

Three issues are raised on appeal:

1. Whether the aunt has standing to bring an action for temporary custody of the children.

2. Whether the aunt can obtain temporary custody without filing a petition or giving notice to the mother.

3. Whether the court can grant permanent custody to the aunt without a showing the mother caused the children to be abused, neglected or dependent.

Three…