Nevares v. Adoptive Couple

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Plaintiff filed an action seeking to establish his paternity in and custody over a child he believed to be his son (Child). Both Plaintiff and Mother were residents of Colorado. Mother travelled to Utah two days before Child’s birth and gave birth to Child in Utah. Mother then relinquished Child to a Utah-based adoption agency. For reasons unrelated to this appeal, the district court dismissed the case, but the Supreme Court reversed and remanded. After remand, Adoptive Couple intervened in Plaintiff’s action to request that his suit be dismissed, arguing that the district court lacked subject matter jurisdiction under the Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The district court granted the motion to dismiss, concluding that Utah was not Child’s home state for purposes of the UCCJEA. The Supreme Court affirmed, holding that the district court did not err by dismissing Plaintiff’s case on the basis that it lacked jurisdiction under the UCCJEA. View "Nevares v. Adoptive Couple" on Justia Law

Posted in: Family Law

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