Castro v. Castro
North Dakota Supreme Court
818 N.W.2d 753 (2012)
Julie Castro (plaintiff) and Crescencio Castro (defendant) met in Illinois and married in June 2009. During a separation in the fall of 2009, Julie discovered she was pregnant with the couple’s child. The couple briefly reunited, but in November 2010, the couple separated with Julie moving to North Dakota. Julie and Crescencio’s child was born in North Dakota, and Julie remained in North Dakota with the couple’s child. Crescencio commenced a divorce action in Illinois in June 2011, and in September 2011, Julie sued Crescencio in North Dakota district court for the primary residential responsibility and decision-making authority of the couple’s child. Julie alleged in her complaint that she was a North Dakota resident, Crescencio was an Illinois resident, and the couple were parties to the Illinois action. Julie further asserted that the couple’s child was born in North Dakota and that North Dakota was the home state of the child under the N.D.C.C. Chapter 14-14.1, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Crescencio did not answer Julie’s complaint. In October 2011, Julie moved for a default judgment. After conferencing with the Illinois court, the North Dakota court issued a preliminary order. The North Dakota court held that North Dakota was the child’s home state, but that because Crescencio only sought visitation with the child in the Illinois proceeding, North Dakota was an inconvenient forum. Julie appealed.
Rule of Law
Holding and Reasoning (Maring, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.