Vannatta v. Boulds

81 P.3d 480 (2003)

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Nature of the Case

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Facts

H and W were married in May of 1997. They had a child, Sydney, in 1996 in North Dakota. Their marriage was dissolved in North Dakota in April of 2000. H was granted residential custody of Sydney. H currently resides and works in North Dakota. He has remarried. W moved to Montana in 2002 and was residing in Montana when this action commenced. Sydney began her summer visitation with H in North Dakota. In August of 2002, Sydney went back to Montana with W. Approximately one week later, because of scheduling conflicts W was experiencing, Sydney moved back to North Dakota to live with H. H filed a petition in Roosevelt County, Montana, to modify the custody decree. W moved to dismiss the action in the Montana court based on lack of jurisdiction. W was working in Montana and planned on attending college, either in Montana or North Dakota. When H filed the petition seeking custody, Sydney was living with him in North Dakota. Sydney was covered by H's health insurance. She also attended school, church, gymnastics, and Sunday school in North Dakota. The court concluded, over W's objection, that it had jurisdiction even though the original dissolution occurred in North Dakota because W had been a Montana resident since April 2002 and H, the parent remaining in North Dakota, consented to the action in the Montana court and waived his protection under both acts. The court then granted H primary custody based on a substantial change in circumstances since the original custody order was entered, including the integration of Sydney into H's family with W's consent, and because it was in Sydney's best interests. The court terminated H's obligation to make child support payments and ordered W to reimburse H for past support payments beginning in August 2002. W appealed.