Judge dismisses Lloyd emergency protective order (EPO), due to the ex-wife having made false allegations, but as of now no decision has been made as to which of the two parents will have custody of the child at the core of the dispute. That, according to the judge in Fleming County District Court, is up to the circuit court to decide.
The Ledger Independent
2 September 2010
Judge dismisses Lloyd EPO
By Misty Maynard, Staff Writer Ledger Independent
FLEMINGSBURG – Questions concerning custody of a daughter linger, but an emergency protective order secured by Fleming County Hospital Chief Executive Officer Davie Lloyd against ex-husband Brett Lloyd was dismissed during a hearing Thursday in Fleming County District Court….
During the EPO hearing, Hill pressed the judge for a ruling as to whether Brett Lloyd could secure the child, citing an order from the Montana First Judicial District Court that amended the parenting plan established at the time of the couple’s divorce. However, Probst said the issue of custody should be addressed in circuit court.
“Where it goes, I don’t control,” he said.
The original parenting plan established in 2004 allowed Brett Lloyd visitation every other weekend and for two weeks in the summer, as well as on alternating holidays. The new parenting plan, based on the new Montana ruling, established that the child should reside with Brett Lloyd, “subject to Davie’s parenting time, which shall be supervised and in the state of Montana.”
The new plan requires Davie Lloyd to have supervision during visitation because she “deliberately and maliciously” interfered with her ex-husband’s parental rights.
“Further, Davie is considered a ‘flight risk,’ having moved the minor child from one state to another and refusing to inform Brett of her physical location,” according to the plan….(Full Story)