In re the Parental Responsibilities of L.S
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At issue in this case was a child custody dispute between a divorced mother and father. The child lived in Colorado with her mother. The father, who lived in Nebraska, filed a custody action in Nebraska. A Nebraska district court entered an initial child custody determination awarding custody to the father. The mother objected to Nebraska's exercise of jurisdiction over the case and filed her own custody action in Colorado. A Colorado district court refused to recognize the Nebraska court order and awarded custody to the mother. The Colorado Court of Appeals reversed the Colorado district court order, holding that though Nebraska did not have jurisdiction over the custody action, Colorado must nevertheless grant it "full faith and credit." Upon consideration, the Colorado Supreme Court found that the Nebraska district court failed to exercise jurisdiction consistent with the requirements of the federal Parental Kidnapping Prevention Act (28 U.S.C. 1738A, "PKPA") and as such, Colorado was not required to give that order full faith and credit. Therefore, the Court reversed the Colorado appellate court's decision, and reinstated the Colorado trial court's order.
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