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HENDERSON v. HENDERSON

No. 13564.

568 P.2d 177 (1977)

Marlys D. HENDERSON, Plaintiff and Appellant, v. Kenneth A. HENDERSON, Defendant and Respondent. Donna RIPHENBURG, Petitioner, v. Marlys D. HENDERSON, Respondent.

Supreme Court of Montana.

Decided August 23, 1977.

Attorney(s) appearing for the Case

Marra, Wenz & Iwen, Great Falls, John F. Iwen and David A. Hopkins, argued, Great Falls, for plaintiff and appellant.

Howard F. Strause, argued, Great Falls, for defendant and respondent.

SHEA, Justice.

The natural mother, Marlys Henderson, appeals from a judgment of the district court, Cascade County, awarding permanent custody and guardianship of her two minor children to their paternal aunt, Donna Riphenburg.

Three issues are raised on appeal:

1. Whether the aunt has standing to bring an action for temporary custody of the children.

2. Whether the aunt can obtain temporary custody without filing a petition or giving notice...

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