Grandmother Appeals Unclear Decision Over Additional Visitation With Grandchild. By: Wendy M.

Link for opinion: www.mtlawlibrary.wordpress.com/2012/01/04/opinion-and-order-visitation-of-m-m-larsen

The Supreme Court of Montana heard the case In Re The Grandparent Visitation of M.M. and Linda Larsen, Grandmother.  DA 11-0270 2011 MT 329.  The Supreme Court of Montana dismissed the appeal by the grandmother, and remanded this case to the District court for further proceedings that conform to the opinion and order of the court.

The grandmother of minor child M.M petitioned the court for additional visitation rights.  In August 2010 the District Court entered an order visitation for grandparent and grandchild.  This order was issued over the mother’s objection.  In the order issued by the District Court found that the parents of M.M were both incarcerated and that M.M was under the care of a family chosen by the parents.  The court ordered that the grandparent have visitation at the home of the foster parents on the first, second and fourth Saturday every month.

Ms. Larsen filed a petition to increase grandparent contact and increase her visitation with the court in November 2010.  The petition was heard in April 2011 at which time no final judgment was written into the order.  At this hearing the court stated “grandparent visitation should be reasonable and I’m hopeful that the parties can then work out something that would be reasonable without a specific order on a date and time schedule.”  No change was made to the existing order, and the grandparent was left with questions as to whether her request had been granted or not.

Ms. Larsen filed an appeal based on three issues.  The first issue was that the District Court did not allow her to have an expert witness testify about her interactions with the minor child during one of their weekend visits.  The second issue raised on appeal was whether or not the District Court erred when it found the incarcerated parents as “fit”.  The third issue is whether or not the court had granted additional visitation to the grandmother.  The Supreme Court found that the records were very vague, and confusing and did not clearly state the findings from the proceedings and stated that they were left with a record that was impossible to review so they dismissed the matter and remanded the case to the District Court for further proceedings that are consistent with this opinion and order.  The Supreme Court stated that the lower court was directed to enter written findings, conclusions and an order that addresses the issues brought up in Ms. Larsen’s petition, and appeal.

Labels for the post:  Grandparent visitation, unfit parent, child custody, incarcerated parent.