IN RE MARRIAGE OF FRYDENLUND

No. 92-192.

844 P.2d 58 (1992)

In re the MARRIAGE OF Cynthia A. FRYDENLUND, Petitioner and Appellant, v. Merlin C. Frydenlund, Respondent and Respondent.

Supreme Court of Montana.

Decided December 15, 1992.


Attorney(s) appearing for the Case

David F. Stufft, Cut Bank, for petitioner and appellant.

Robert G. Olson, Frisbee, Moore & Olson, Cut Bank, for respondent and respondent.


GRAY, Justice.

Cynthia Frydenlund appeals from an order of the Ninth Judicial District Court, Toole County, designating respondent Merlin Frydenlund as primary physical custodian of the parties' two youngest children. We reverse.

The sole issue on appeal is whether the District Court erred by applying the "best interest" standard contained in Section 40-4-212, MCA.

The parties' marriage was dissolved on June 20, 1985. The District Court awarded Merlin...

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