May v. Anderson

345 U.S. 528 (1953)

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Nature of the Case

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Facts

H and W were married in Wisconsin, and until 1947, they were domiciled there. After troubles developed, H told W to take the kids to Ohio and think over her future course. After a few weeks, W decided she was not going to return. H then filed a Wisconsin suit seeking divorce and custody. Service of process consisted of delivery of a copy of the summons and petition. W entered no appearance. H got the decree and custody. H got the children who remained with him for four years. Then on a visit to W four years later, W refused to allow them to return to H. H then filed a petition for a writ of habeas corpus in Ohio. He alleged that his former W was illegally restraining the liberty of their three children by refusing to deliver them to him in response to a custody decree issued by a Wisconsin court. The probate court decided that it was obliged under Full Faith and Credit to accept the Wisconsin decree as binding upon W. Eventually the decree was dismissed by the Ohio Supreme Court. The Supreme Court granted certiorari.