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IN RE A.R.A.

No. 95-243.

919 P.2d 388 (1996)

In re A.R.A., a minor child. Patrick ERGER, Petitioner and Respondent, v. William D. ASKREN, Jr., Respondent and Appellant.

Supreme Court of Montana.

Decided June 20, 1996.

Attorney(s) appearing for the Case

Rodd A. Hamman (argued) and Robin A. Wolff, Calton Hamman & Wolff, Billings, for Appellant.

Damon L. Gannett (argued), Gannett, Anderson & Liechty, Billings, for Respondent.

Joseph P. Mazurek, Attorney General, Patricia A. Jordan, Assistant Attorney General (argued), Helena, for Amicus Curiae.

ERDMANN, Justice.

This is an appeal from a decision of the Thirteenth Judicial District Court, Yellowstone County, awarding custody of A.R.A. to Patrick J. Erger. We reverse and remand to the District Court for proceedings consistent with this opinion.

We restate the issues as follows:

1. Did the District Court err in awarding custody of the child to a stepparent over a natural parent based on the best interest of the child test?

2. Did the...

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