[¶ 1] Lloyd Hamers, the paternal grandparent of J.H. (“John,” a pseudonym), appealed from a judgment denying Hamers’ petition for custody of John and awarding custody to Diane (“Guttormson”) Sheehan, John’s natural mother. We hold the trial court’s custody award is not clearly erroneous, and we affirm.
I
[¶ 2] Diane and Richard Hamers, the natural father of John, were married in October 1993 and John was born in May 1994. In November 1995, a Montana trial court granted Richard and Diane a dissolution of marriage and awarded custody of John to Richard with visitation privileges for Diane. Shortly after the divorce Richard moved with John to South Dakota. They resided there until Richard was killed in a motor vehicle accident in December 1997. After Richard’s fatal accident, Lloyd took John to reside in his home at Tioga and filed a petition with the district court seeking custody of John. Diane, through her attorney, filed an admission of service, and an evidentiary hearing was held on Lloyd’s petition on August 26, 1998. The trial court found there did not exist exceptional circumstances upon which to award custody of John to a third party rather than to his natural mother. Judgment was entered denying Lloyd’s petition for custody and awarding custody to Diane, from which Lloyd filed this appeal.
II
[If 3] On appeal Lloyd argues there are exceptional circumstances in this case entitling him to have custody of John. He asserts the trial court’s award of custody to- Diane is, therefore, clearly erroneous.
[If 4] An award of custody is a finding of fact, which this Court will not disturb unless it is clearly erroneous.
Brown v. Brown,
[¶ 5] It is well-settled .that parents have a paramount and constitutional right to the custody and companionship of their children superior to that of any other person.
Patzer v. Glaser,
[¶ 6] John’s grandfather candidly admits there is not a psychological parent relationship between himself and John. Rather, he supports his claim for custody on the ground John’s mother, Diane, has abandoned John by failing to pay support and by failing to have significant contact with him since she and Richard were divorced. Regarding Lloyd’s abandonment argument, the trial court made the following relevant findings of fact:
... Diane continually attempted to obtain visitation with the child while the child was residing in South Dakota, but because of the expense of the traveling distance and the economic condition of Diane, she was unable to maintain a frequent visitation schedule. However, the record is full of evidence indicating her constant attempt to maintain contact with the child through the mail and by telephone. There is no evidence indicating that she abandoned the child at any time. Rather, the evidence shows that she frequently attempted visitation.
There is substantial evidence in the record to support the trial court’s findings on this issue. In concluding Diane did not abandon John, the court specifically found that after Richard moved with John to South Dakota, Diane employed an attorney to assist her “in obtaining visitation privileges.” There is substantial record evidence Richard attempted to secret John from Diane and to frustrate Diane’s attempts to contact and have visitations with John.
[¶ 7] The Montana divorce decree ordered Diane to pay $35 per month in child support, which she has failed to do. This is a concern, because payment of support and fulfilling other parental duties are important although not necessarily determinative factors to consider in determining whether a parent has abandoned a child.
See, e.g., Matter of Adoption of
[¶ 8] The trial court ordered a home study of Diane and her current husband, Mike Sheehan, which was conducted by Sam Hubbert of Catholic Social Services in Helena, Montana. Diane and Mike reside in Helena with their daughter, M.S., who was born in December 1996 and with Diane’s daughter, N.P., born in December 1986, from a prior marriage. Hubbert concluded Diane possesses appropriate parenting skills and he would have “no concerns” that awarding custody to Diane would impose “a significant risk of harm to John’s physical or psychological well-being.” Hubbert recommended the *761 court place John in Diane’s custody. The trial court found Diane “possesses the parenting skill and ability to provide for the care, custody, and best interest of [John].” The record evidence supports the court’s finding.
[¶ 9] Lloyd’s primary contention in these proceedings is that Diane is unfit to parent John and that Lloyd possesses better parenting skills and ability to provide for John’s welfare. Lloyd’s focus ignores the well-settled principle that a court cannot award custody to a third party, rather than the natural parent, under a best-interest-of-the-child test unless exceptional circumstances exist to trigger the best interest analysis.
Worden v. Worden,
Ill
[¶ 10] We have reviewed the record in this case. We are unpersuaded there are exceptional circumstances to trigger a consideration by the court of whether, in John’s best interests, custody should be awarded to Lloyd, or any other third party, rather than John’s natural mother, Diane. We conclude the trial court’s findings are not clearly erroneous and its award of custody to Diane is not in error.
[¶ 11] Judgment affirmed.