In re the Marriage of George T. Brandt v. Christine Brandt

2012 CO 3, 268 P.3d 406

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In re the Marriage of George T. Brandt v. Christine Brandt

Supreme Court of Colorado
2012 CO 3, 268 P.3d 406

SC

Facts

In 2006, George Brandt (plaintiff) and Christine Brandt (defendant) divorced and agreed to share joint custody of their child, C.B. The parties lived in Maryland at the time of the divorce, and a Maryland state court issued the order granting joint custody (Maryland order). In 2009, Christine joined the Army and was stationed in Texas, where she moved with C.B. Christine was deployed to Iraq in April 2010 and agreed that C.B. could live with George, who had since moved to Colorado, during her deployment. Christine returned from Iraq to Texas in October 2010, and in April 2011, was ordered to finish her active military duty in Maryland. Throughout Christine's time in Texas and Iraq, Christine maintained a home, driver's license, nursing license, and voter registration in Maryland. Shortly after the order to return to Maryland, while Christine was still living in Texas, George filed a petition in the Arapahoe County District Court in Colorado, asking the court to register the Maryland order and assert jurisdiction to modify it. The district court issued an order granting George's petition on the grounds that the Brandts and the child no longer "presently resided" in Maryland under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Christine appealed.

Rule of Law

Issue

Holding and Reasoning (Hobbs, J.)

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