My sister Barb and her wife, Bryt, are locked in a legal battle to protect their daughter. They desperately need any support you can give. In less than 2 weeks, they must appeal the Supreme Court ruling that, if left standing, will place their 11-year-old daughter in a very dangerous situation.
Barb and Bryt are seeking full custody of Bryt's eldest daughter, LCM. At almost every turn, the court has disregarded LCM’s well-being and her wishes, as well as those of both biological parents. Before this experience, I had faith in our legal system. I have lost that faith now that I know that the judicial system’s approach to parenting plans and parental interests can fail children.
A fraction of the details:
From the beginning of this case, the court’s failure to address a number of statutes and laws has resulted in Constitutional injustices.
- Bryt’s divorce attorney not only gave her faulty legal advice, but he illegally signed documents to verify the truthfulness and factuality of the information he presented. The documents were not based in fact/truth, nor did they have Bryt’s legally-mandated signature. This document ultimately led to LCM being in two conflicting parenting plans.
- Bryt’s ex is on the record for testifying that he had misled the court.
- LCM’s biological father, who lives out of state but appeared in court, has a relationship with LCM, never gave away his parental rights, and does not want Bryt’s ex to have parental interest in LCM.
- LCM’s therapist testified that Bryt’s ex’s was not a safe emotional environment for LCM.
- Homophobic stances have gone unchallenged throughout the procedure, with the court asserting that LCM needed a “father figure” in her life. Clearly these assertions are discriminatory, showing a bias against the value of a loving, same-sex marital home, and negating the biological father’s input simply because he was out of state. This would not have happened in a more progressive state.
The current case status:
The 6th Judicial District Court in Montana (Park County) granted parental interest and 50% custody of LCM to a man who is not her biological father and, while married to Bryt, never wanted to adopt her. Bryt’s attorneys, stunned by this outcome and the 6th Judicial District Court’s true disregard of law, appealed the case to the Montana State Supreme Court. The cost, emotionally and financially, was great, but they held faith the Supreme Court of Montana would right this injustice.
Last week The Montana State Supreme Court upheld the lower court’s ruling, granting Bryt’s ex parental interest and 50% custody of LCM, the 11-year-old girl who was neither his biologic nor adopted child.
Barb and Bryt’s lawyers are shocked. Barb and Bryt are devastated. LCM is inconsolable.
Bottom Line:
As it stands, this verdict allows any third party, non-biological parent parental interest, regardless of the biological parents’ wishes. This verdict further denies biological parents’ right to be informed of what is happening to their own child.
With over $75,000 in legal fees and financial losses, LCM still isn’t safe. Barb, Bryt and their family are emotionally devastated. They have nothing left.
Please:
1) Donate to help with bills and legal fees. No amount is too small.
2) Help us publicize this injustice, based firmly in bias against the LGBQT community.
3) Share this request with everyone who believes in real justice
4) Accept our true gratitude
Thank you.
Organizer and beneficiary
Barbra Cattaneo
Beneficiary

