In Re the Parenting of: D.C.S.

Summary

The Court affirmed the final amended parenting plan awarding the Scotts primary parenting responsibility for D.C.S. Although the District Court prematurely issued an ex parte emergency third-party parenting order before formally adjudicating the Scotts’ parental interest, the defect was cured by a prompt evidentiary hearing, full participation by Rebeccah, and specific findings satisfying the statutory requirements. The Court also declined to exercise plain error review because Rebeccah had a full and fair opportunity to litigate and failed to show a manifest miscarriage of justice or fundamental unfairness.