Glanzner v. State, Dss

835 S.W.2d 386 (1992)

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Nature of the Case

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Facts

H and W were married. H was in the military, and the couple were separated and moved around a bit. They had a son. In 1985, W and H and child came to Missouri. They resided there for about 9 months until W, and the child returned to California. In December, from California, W filed for legal separation and custody. H was served in January 1986. He filed a motion to quash service and filed a petition for dissolution in Missouri and W was served in July 1986. The motion to quash in California was conducted and included a phone consultation with the judge in Missouri. The California court found that the child had resided in the state for the six months prior to the filing of the Missouri petition and found that California had the most significant contacts for the child and under the UCCJA, California was the proper jurisdiction. Custody was granted to W and H was ordered to pay $253 per month in child support as well as $151 per month in spousal support. The marriage was dissolved in November 1986 and H was ordered to pay child and spousal support. W then filed a special appearance to the Missouri action. That objection was overruled by the Missouri court, and a default decree was entered giving H custody and reasonable visitation to W. For the next six years, nothing really happened although H claimed that W had interfered with visitation rights. Eventually, the paternal grandparents got W to allow the child to visit Missouri and when he was scheduled to return, they refused to let him. W then filed for habeas corpus and was allowed to take the child after posting a bond. H defended the habeas action with his Missouri custody determination and that the California orders were contrary to UCCJA.