In Re Marriage of McDonald

This is an appeal by the father from two orders of the Yellowstone County District Court, one which refused to modify a divorce settlement and decree placing custody in the mother, and the second from an order awarding the mother attorney fees and costs generated from her defense of the father’s modification petition.

The appeal from the December 22, 1977 order is dismissed as it came after the filing deadline; however, the order granting attorney fees to the mother is reversed because the time had expired within which the mother had a duty to act.

On January 5, 1976, the Yellowstone County…