Couple with preschool daughter they constantly fight over. GAL recommends primary care with dad, with mom to receive alternating weekends and one evening a week. GAL testifies 1) daughter does better when she has been living with one parent 2) dad has close relationship to daughter 3) transitions between parents are occasions for conflict; 4) mom instigates conflict more than dad; 5) mom’s housing appears less stable; 6) child sometimes reluctant to leave school with either mom or mom’s boyfriend. These parenting arrangements recommended by Standing Master, adopted by District Court and approved by Supreme Court. GAL stated also that dad was better able to integrate daughter into community than mom, who is a Mexican national. Supreme Court stated that consideration of race or national origin was improper basis for parenting plan, but did not appear to be the basis for the decision by Standing Master or District Court. Audio tape recording of the hearing before Standing Master was not perfect, but adequate for appellate review and therefore not a basis for reversal. Finally, the District Court made a mathematical error in the amount of house sale proceeds to be awarded mom, so reversed and remanded to correct the error.
See: 40-4-212 (1)(h) and 3-5-124 MCA, Mont. Const. Art. II, Section 4.
