Paslov v. Cox

2004 MT 325, 104 P.3d 1025, 324 Mont. 94, 2004 Mont. LEXIS 591
CourtMontana Supreme Court
DecidedNovember 17, 2004
Docket02-656
StatusPublished
Cited by6 cases

This text of 2004 MT 325 (Paslov v. Cox) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paslov v. Cox, 2004 MT 325, 104 P.3d 1025, 324 Mont. 94, 2004 Mont. LEXIS 591 (Mo. 2004).

Opinions

JUSTICE REGNIER

delivered the Opinion of the Court.

¶1 This appeal involves a custody dispute between Kathleen M. Cox (Cox) and Eugene Joseph Paslov (Paslov) regarding their minor son, Dylan. At the time of this appeal, two courts, the Third Judicial District Court, Powell County, Montana, and the High Court of American Samoa, had rendered conflicting custody determinations regarding Dylan. Cox appeals from the July 22, 2002, order of the Third Judicial District Court which enforced an earlier parenting plan issued on September 11,2000, over a custody order issued by the High Court of American Samoa on July 17, 2001. We affirm.

¶2 Cox presents the following issues on appeal:

¶3 1. Whether the District Court erred in failing to recognize the [96]*96custody order entered by the High Court of American Samoa.

¶4 2. Whether the District Court erred in modifying the original parenting plan issued by the State of Oregon by awarding sole custody of Dylan to Paslov.

¶5 Paslov presents the following issue on cross-appeal:

¶6 Whether Cox timely appealed the District Court’s September 11, 2000, custody order. Because we affirm on Appellant’s Issue 1, it is not necessary to reach either Appellant’s Issue 2 or Respondent’s issue on cross-appeal.

FACTUAL AND PROCEDURAL BACKGROUND

¶7 Paslov and Cox were married in Nevada on February 5,1991, and later moved to Oregon. At the time of their marriage, Cox had two older children from a previous marriage, Diedre and Warren Enteron. Paslov and Cox had one child together, Dylan, born November 8,1994. The parties were divorced in Oregon on March 14, 1999. The final parenting plan issued by the Oregon court granted sole custody of Dylan to Cox and provided that Paslov pay $300 per month child support. Additionally, the Oregon Court granted the parties’ agreed upon parenting plan which provided that Paslov have regular visitation on alternating weekends with Dylan at his paternal grandparent’s home in Carson City, Nevada, with Paslov to pay for air transportation for Dylan, who would be accompanied by an adult (either Cox, Deidre or Warren). Paslov was to have parenting time with Dylan on Dylan’s birthday, alternating holidays and for one month during the summer after notifying Cox of the time period by May 1 of each year.

¶8 After the divorce, Paslov moved back to Nevada and, sometime in the fall of 1999, Cox moved to Deer Lodge, Montana, in anticipation of her marriage the following summer to Don McGee, a Butte resident. Paslov asserts this move was made without notification, which Cox denies. Whatever the case, ongoing relations between the parties proved difficult, and visitation between Paslov and Dylan was sporadic. Paslov asserts Cox’s relocation was an attempt to deny his opportunity to visit Dylan. Cox counters Paslov’s failure to pay for Dylan’s airfare to Carson City was the reason for any visitation difficulty Paslov may have encountered.

¶9 Paslov then traveled to Helena, Montana, and secured an attorney to initiate modification to the parenting plan for more visitation time with Dylan. On April 3,2000, Paslov filed in the Third Judicial District Court (1) a petition to recognize and register the Oregon parenting [97]*97plan, and (2) a motion to amend the Oregon parenting plan. The motion requested Cox remain Dylan’s sole custodian, but that Paslov be granted expanded visitation with Dylan.

¶10 On May 18, 2000, in response to Paslov’s petition, Cox stipulated that the District Court could recognize and register the Oregon decree of dissolution and final parenting plan and assume jurisdiction over the parenting plan proceedings. However, she objected to Paslov’s request for modification of the parenting plan. The following day, the District Court also granted an ex parte motion by Paslov requiring Cox to produce Dylan for a weekend visit in Butte, Montana.

¶11 On May 22, 2000, the District Court, noting that both Cox and Dylan were residing in Deer Lodge, Montana, and that Dylan had significant contacts in the State of Montana, issued an order in which it recognized and registered the Oregon decree of dissolution and parenting plan as a valid decree. It also accepted jurisdiction in all matters involving the custody and visitation of Dylan, including Paslov’s motion for amending the parenting plan and all other subsequent actions.

¶12 While Paslov’s motion to modify the parenting plan was pending before the District Court, relations between Cox and Paslov worsened. Among other things, Paslov was angry because he was not receiving his phone calls from Dylan, and Cox was angry that Paslov was insisting upon his court-ordered parent-child contact for the summer. On June 16, 2000, Cox filed a motion to hold Paslov in contempt for failure to pay thousands of dollars in child support. Then, on June 22, 2000, four days before Paslov was to pick up Dylan for his month-long summer visitation, Paslov and Cox had a publicly heated argument at a Wal-Mart in Butte. During this argument, Cox asserts Paslov threatened to ruin her upcoming wedding, stalk her for the rest of her life, and harm both her and her children. On June 28, 2000, Paslov filed an ex parte motion to enforce the parenting plan regarding the summer parent-child visitation, which was subsequently granted.

¶13 Following this public scene and Paslov’s ex parte motion, Cox petitioned the Silver Bow Justice of the Peace for a temporary restraining order (TRO), which was granted. However, the order was almost immediately rescinded when Justice Court learned that a custodial proceeding was pending in District Court.

¶14 Cox was never served with the Ex Parte Order for Parent-Child Contact regarding the summer visit; nor was she notified of the rescinded TRO. She was not notified because she left Montana with Dylan and returned to American Samoa, her homeland, asserting [98]*98safety concerns for herself and her children. Cox left without notice to either Paslov or the District Court, she was not found, and Paslov did not receive any parent-child contact in the summer of 2000.

¶15 On August 1,2000, Paslov amended his pending motion to request he receive sole custody of Dylan. Paslov also requested Cox’s contact with Dylan be restricted to supervised visitation, Cox undergo a psychological evaluation, and Cox pay Paslov’s attorney fees and costs.

¶16 On September 7,2000, the District Court conducted a hearing on Paslov’s petition to change Dylan’s custody. Cox was not in attendance at the hearing, despite being served notice of the hearing both at her last known address and by publication. On September 11, 2000, the District Court granted Paslov’s petition and awarded sole custody to Paslov. Additionally, the court ordered Cox have no parent-child contact with Dylan, unless and until she submit to, and successfully complete, a full psychological evaluation. Once the evaluations were complete, the therapist would provide a written report to the District Court regarding a recommendation for visitation between Cox and Dylan so the court could determine what, if any, parent-child contact Cox should have with Dylan. In fact, the court order specifies that both parents participate in psychological evaluations in order for the court to have complete and well-rounded information. The court also terminated Paslov’s child support obligations, and awarded Paslov attorney fees and costs.

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Related

In re Declaring B.P.
2008 MT 166 (Montana Supreme Court, 2008)
In Re BP
2008 MT 166 (Montana Supreme Court, 2008)
In Re the Marriage of Fontenot
2006 MT 324 (Montana Supreme Court, 2006)
Paslov v. Cox
2004 MT 325 (Montana Supreme Court, 2004)

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Bluebook (online)
2004 MT 325, 104 P.3d 1025, 324 Mont. 94, 2004 Mont. LEXIS 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paslov-v-cox-mont-2004.