In re the Marriage of Dedie and Springston
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At issue in this case was a child custody dispute between a divorced mother and father. The children lived in Colorado with their mother and step-father. The father, who lived in New York, filed a custody action in New York to modify the initial child custody determination. A New York Supreme Court entered its determination awarding sole custody to the father. The mother objected to New York's exercise of jurisdiction over the case and filed her own custody action in Colorado. The father asked a Colorado district court to enforce the New York court's award of custody. Upon consideration, the Colorado Supreme Court found that the New York Supreme Court failed to exercise jurisdiction consistent with New York law and 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. The Court remanded the case to the Colorado district court for further proceedings.
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