Chelsie Lael Kennedy
3248 Lori Road,
Helena, MT. 59602
MONTANA FIRST JUDICIAL DISTRICT COURT
LEWIS AND CLARK COUNTY
|JEREMIAH ROSENBAUM,Petitioner, v. CHELSIE LAEL KENNEDYRespondent.||Case No. CDR-2019-567Hon. Kathy Seeley RESPONDENT’S PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW|
Now comes the Respondent, Chelsie Lael Kennedy, and hereby requests that the Court enter the following Findings of Fact and Conclusions of Law:
I. PROPOSED FINDINGS OF FACT
The Respondent requests that the Court adopt those facts admitted in the hearing on the interim parenting plan. In addition, the Respondent asks that the Court find the following:
- The Petitioner and Respondent were both over the age of 18 years when this action was commenced.
- The court has jurisdiction to hear this action for dissolution. Both Parties have resided in the County of Lewis and Clark within the State of Montana for a continuous period in excess of three months immediately preceding the commencement of this action
- The Petitioner’s and Respondent’s primary residence is situated within the county of Lewis and Clark.
- The Parties married under common law in the year 2016.
- During the substance of the marriage, the Parties were blessed with two children; LR born on August 2016 and HR born on April 2018.
- No decree, judgment or order of divorce, annulment or dissolution of marriage has been granted to either party against the other in any court of competent jurisdiction of this state or any other state, territory or country, and there is no other action for divorce, annulment or dissolution of marriage by either party against the other pending in any Court.
- Sometimes in August 2019, the two separated and each opted to reside in separate dwellings.
- On or about October 18, 2019, the Petitioner filed its petition for dissolution of the marriage.
- The Petitioner is a veteran having served in the military of the United States.
- The grounds for dissolution which are alleged are as follows: irretrievable breakdown of the relationship for at least six months: The relationship between the Petitioner and Respondent has broken down irretrievably for a period of at least six months. Both the Petitioner and Respondent have so stated separately under oath.
- The Petitioner has demonstrated a history of violence against the Respondent. The same was admitted and acknowledged in open court during the interim parenting plan hearing.
- The Petitioner and Respondent have both chosen to live in separate dwellings for a period which has exceeded 6 months.
- The Petitioner has admitted to the court that he can no longer tolerate and/or accommodate the Respondent despite his intention to amend his behavior.
- As at August 2019 when the Parties separated, each party spent time with the children, with the Respondent maintaining primary parenting and care. As such the arrangement required that the Petitioner provide child support, which he did. The same was admitted in open court during the interim parenting plan hearing.
- The Respondent has provided the children with all primary necessities for their continued growth and development. Further, the Respondent has provided the children with a positive environment suitable for their best interest.
- The Parties have agreed on an interim parenting plan, the same which the court has adopted temporarily. The interim parenting plan maintains that the Respondent be the primary caregiver of the children.
- The Respondent seeks continued primary physical parenting rights over the children as their primary care provider.
- CONCLUSIONS OF LAW
- Residency as required by MT Code § 25-2-118 has been satisfied.
Chelsie Lael Kennedy
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