In Re Marriage Of Myrland

248 P.3d 290 (2010)

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Nature of the Case

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Facts

H and W were married in 1998, in Helena, Montana. They had one child. They moved to North Carolina for work. Then, W moved to Las Vegas. The child and H moved back to Montana and remained in the state from 2002-2006. W made no attempt to contact the child. In March 2006, W came to Helena along with her partner whom she introduced as her common law husband. They were living in the cab of a semi-truck that they parked in front of the house where H and the child were living. W requested to take the child 'for her Birthday' and offered to return her in a month. She never returned. W filed an action for dissolution of marriage in Texas on May 26, 2006. H filed for a dissolution action in Montana on October 2, 2006. H attempted to serve W in Nevada but to no avail. H effectively served W in Texas on about March 23, 2009. The court granted H's petition for default and issued a Decree of Dissolution. The Decree included a Parenting Plan. The court issued the Decree without actual knowledge of W's appearance by mail on file at the courthouse. On W's motion, the default was set aside. The court determined that the dissolution and custody should be resolved in Texas. H appealed.