Divorced Military Parents Fight for Custody of Son. By: Theresa F.

Link for opinion:  http://lexisnexis.comInacui2api

The Colorado Supreme Court vacated a Maryland family court ruling when discrepancies in residency were essentially established for the parties involved in the suit-In re Marriage of Brandt, 2012 Colo., Jan23, 2012 Case No. 2011DR1312.

The parties were divorced in Maryland but the father was transferred to Colorado. The son stayed with the mother in Maryland until she was transferred to Texas. She was eventually deployed to Iraq. The son went to live with his father in Colorado. When the mother returned from Iraq, the son again moved to Texas to live with her. Once again, the mother was transferred, this time back to Maryland. The father stepped in, and petitioned the Colorado court to give him custody of the son and placement with him in Colorado. 

Colorado assumed jurisdiction of the case because technically no party actually resided in Maryland.  Consequently the order assuming jurisdiction was vacated because the mother maintained a home, driver’s license, nursing license and voter’s registration in Maryland. Her return to Maryland was certain to occur.

 Colorado Laws of Personal jurisdiction is power over the parties to the case. If one spouse moves to, say, Texas, that state won't necessarily have jurisdiction to enter orders which affect the out-of-state spouse. C.R.S. 13-1-124

Labels for this post: custody, jurisdiction, residency, military, assuming jurisdiction, home state, child custody order, personal jurisdiction