Girard v. Williams

¶58 I dissent from the Court’s holding that the Girards lack standing.

¶59 The Court holds that this is a custody matter which is controlled by § 40-4-211(4), MCA (1995). Thus, in order for the Girards, as nonnatural parents, to establish standing they have to show that the children were not in the physical custody of one of their parents.

¶60 The Girards argued that Frank’s failure to pay child support for the children supports a determination that Frank voluntarily relinquished his right to physical custody. It is undisputed that Frank did not pay child support for David and Michael either…