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In re Marriage of Sampley

Supreme Court of Montana

May 5, 2015

IN RE THE MARRIAGE OF: MATTHEW J. SAMPLEY, Petitioner and Appellant, and MICHELLE DENISE SAMPLEY, Respondent and Appellee

Submitted on Briefs: March 18, 2015.

As corrected May 6, 2015.

Released for Publication May 26, 2015.

APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DR 14-526. Honorable Michael G. Moses, Presiding Judge.

For Appellant: Benjamin J. LaBeau, LaBeau Law Firm, L.L.C.; Billings, Montana.

For Appellee: Martha J. Messex Casey, Hendrickson Law Firm, P.C.; Billings, Montana.

MICHAEL E WHEAT. We Concur: MIKE McGRATH, PATRICIA COTTER, JAMES JEREMIAH SHEA, JIM RICE. Justice Michael E Wheat delivered the Opinion of the Court.

OPINION

Page 1282

[379 Mont. 132] Michael E Wheat, Justice.

[¶1] Matthew Sampley appeals from an order of the Montana Thirteenth Judicial District Court, Yellowstone County, dismissing for lack of jurisdiction the parenting and custody issues Matthew presented in his petition for dissolution of marriage. We affirm.

ISSUES

[¶2] We review the following issues:

1. Did the District Court err by refusing to hold a hearing prior to issuing its order ?

[379 Mont. 133] 2. Did the District Court err by deciding that it lacked jurisdiction over the parenting and custody issues ?

FACTUAL AND PROCEDURAL BACKGROUND

[¶3] Matthew and Michelle Sampley were married on January 23, 2010, in Alberta, Canada. In October 2010, they moved to Alaska, where their son, Cael, was born in 2011. Michelle and Matthew moved to Washington in October 2011 and then to ...


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