Legal Opinion · Dissent

In Re the Marriage of Wang

Montana Supreme Court

Decided June 1, 1995No. 95-068Published

1DissentJustice Leaphart

I dissent. I would reverse and remand for specific findings on Laurie’s allegations that Michael’s religious beliefs adversely affect Laurie’s relationship with Jesse. The Court cites Lorenz v. Lorenz (1990), 242 Mont. 62, 788 P.2d 328, for the proposition that a district court need not make specific findings on each statutory factor in determining best interest of children under § 40-4-212, MCA, but need only address the essential and determining facts upon which it rests its conclusion. I do not disagree with that proposition. However, I do believe that the district court must address the…

2Cases cited5 opinions

  1. Wisconsin v. YoderSupreme Court of the United States · 1972
  2. Leppert v. LeppertNorth Dakota Supreme Court · 1994
  3. In Re the Marriage of ShortSupreme Court of Colorado · 1985
  4. Lorenz v. LorenzMontana Supreme Court · 1990
  5. In Re the Marriage of GersovitzMontana Supreme Court · 1989

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