Glueckert v. Glueckert
378 Mont. 507
Mont.2015Background
- George and Laura Glueckert (grandparents) petitioned under § 40-9-102, MCA for expanded unsupervised visitation with their grandson M.T.; M.T. lived with his mother Kristin (respondent) since birth.
- Father Thayer (Kristin’s husband) was on active military duty and had only intermittent physical contact with M.T. while on leave.
- Kristin permitted limited, supervised one-hour visits at her residence and occasional unsupervised contact only when Thayer was home; she objected to expanded unsupervised visitation, citing concerns about the grandparents’ beliefs, conduct, and potential influence on the child.
- District Court found Kristin to be a fit parent, found the Glueckerts to be loving and able grandparents, but held that the grandparents failed by clear and convincing evidence to overcome the presumption favoring a fit parent’s wishes.
- District Court granted summary judgment for Kristin; Glueckerts appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District Court properly applied § 40-9-102 in denying extended grandparent contact | Glueckerts: District Court failed to expressly analyze the child’s best interest and undervalued evidence showing their bond and suitability for more unsupervised contact | Kristin: As a fit parent she may limit visitation; limited supervised contact is in M.T.’s best interest given grandparents’ beliefs and strained relationship | Affirmed: Court applied § 40-9-102 correctly — grandparents failed to rebut the presumption favoring a fit parent by clear and convincing evidence, so no further best-interest analysis was required |
Key Cases Cited
- In re Gardner, 2014 MT 290 (explains fit-parent presumption and that grandparents must overcome it by clear and convincing evidence showing contact is in the child’s best interest)
- Polasek v. Omura, 2006 MT 103 (addresses burden on grandparents to rebut fit-parent preference)
- Thibodeau v. Bechtold, 2008 MT 412 (defines clear and convincing evidence standard)
- Troxel v. Granville, 530 U.S. 57 (recognizes parental right to make decisions concerning childrearing)