GEORGE THAYER GLUECKERT, SR., and LAURA JEANNE GLUECKERT, Petitioners and Appellants,
KRISTIN GLUECKERT, Respondent and Appellee
Submitted on Briefs: March 4, 2015.
As corrected April 20, 2015.
Released for Publication May 6, 2015.
APPEAL FROM: District Court of the First Judicial District, In and For the County of Lewis and Clark, Cause No. CDR 2013-702. Honorable Kathy Seeley, Presiding Judge.
For Appellants: Robyn L. Weber, Attorney at Law, Helena, Montana.
For Appellee: Katharine Donnelley, Attorney at Law, Helena, Montana.
MIKE McGRATH. We Concur: PATRICIA COTTER, LAURIE McKINNON, MICHAEL E WHEAT. Chief Justice Mike McGrath delivered the Opinion of the Court. Justice Jim Rice, concurring in part and dissenting in part.
Mike McGrath, Judge.
[378 Mont. 508] [¶1] George and Laura Glueckert (Glueckerts) appeal from the District Court's Findings of Fact, Conclusions of Law and Order, filed October 7, 2014. We affirm.
[¶2] We restate the issue on appeal as whether the District Court properly applied § 40-9-102, MCA, in denying the Glueckerts' petition for extended contact with their grandson.
[¶3] The Glueckerts' son Thayer was married to the respondent Kristin Glueckert. Thayer and Kristin had a son, M.T., who is the Glueckerts' grandson. At the time the petition was filed in November 2013, Thayer was serving on active duty in the military and was stationed outside of Montana. Thayer and Kristin had separated but the divorce was not completed and there was no parenting plan in place. M.T. has lived with his mother Kristin since his birth in April 2013 and Thayer has only had physical contact with him when home on leave.
[¶4] The Glueckerts sought to negotiate with Kristin for regular visitation with their grandson. Kristin agreed to contact and on a number of occasions provided a one-hour visit in her residence with her present, but she would generally not allow the Glueckerts to have unsupervised visits with M.T. Most of their unsupervised visits ...