Adding just 10 miles to a driving route is not a major enough change to justify modifying an existing parenting plan, the Montana Supreme Court has ruled. The decision followed an appeal in case DA 26-0231 (In re the Marriage of Aikins), which began in the Ninth Judicial District Court in Toole County. Justin L. Aikins asked the court to change his existing parenting schedule after his former wife, Loralee J. Aikins (now Loralee J. Lords), moved to a different home. He argued that the extra distance made it harder for him to spend time with their children. District Judge Gregory L. Bonilla initially rejected the father's request to change the parenting plan. Aikins then appealed to Montana's highest court. Chief Justice Cory Swanson assigned the case to a panel of five justices to decide whether the lower court had made a mistake by refusing to review the parenting schedule. After reviewing the case, the Montana Supreme Court upheld the lower court's decision. The justices ruled that adding 10 miles to a journey was not enough to meet the legal requirements for changing a final parenting plan.Legal threshold for modifying parenting plansUnder Montana family law, courts must focus on keeping children's lives stable.
Montana Supreme Court rules 10 extra driving miles aren't enough to change a father's custody plan
The Montana Supreme Court has reaffirmed a previous ruling on a parenting plan modification initiated by Justin Aikins, who sought changes after his ex-wife moved a mere 10 miles away. The court concluded that minor increases in distance do not justify altering existing custody arrangements. Attempts at mediation were unsuccessful, and this decision establishes an important precedent regarding relocations and shared…
In brief
Adding just 10 miles to a driving route is not a major enough change to justify modifying an existing parenting plan, the Montana Supreme Court has ruled. Aikins asked the court to change his existing parenting schedule after his former wife, Loralee J. Aikins then appealed to Montana's highest court. After reviewing the case, the Montana Supreme Court upheld the lower court's decision.
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