Keith Glanzer v. State of Missouri, Department of Social Services, Division of Child Support Enforcement, in re Custody of Bradley Carl Glanzer
Missouri Court of Appeals
835 S.W.2d 386 (1992)
- Written by Curtis Parvin, JD
Facts
Suzanne and Keith Glanzer married in Illinois in 1981. Their son, Bradley, was born in Missouri in 1982. Suzanne and Bradley lived with Keith’s parents in Missouri from 1982 to 1983 while Keith served overseas in the military. Suzanne, Keith, and Bradley then lived in California, where Keith was stationed, until January 1985, when they moved back to Missouri. They remained there until October 1985, when Suzanne and Bradley moved back to California, leaving Keith behind in Missouri. In December 1985, Suzanne sought legal separation (and later divorce) and child custody in California. In January 1986, Keith filed for divorce in Missouri and similarly sought custody of Bradley. The California court issued the first ruling and found that although Bradley had been living in Missouri within the six months preceding the filing, the most significant contacts with the child were in California, given his continuing to live there and the presence of his maternal grandparents and others. Citing the Uniform Child Custody Act (UCCJA), the California court invoked jurisdiction and awarded custody to Suzanne, with visitation rights for Keith. In the Missouri proceedings, Suzanne argued that the Missouri court had no jurisdiction because the California court had already decided the issue. The Missouri court rejected her argument and awarded custody to Keith, with visitation rights for Suzanne. For the next several years, Suzanne kept custody of Bradley in California and, according to Keith, kept Keith from visiting the child. When Bradley finally came to Missouri to visit his paternal grandparents, they kept him there. Suzanne filed a writ of habeas corpus in Missouri seeking the return of her son. The Missouri court granted the writ and returned Bradley to Suzanne. Keith appealed, arguing that only the Missouri child-custody order was enforceable under the UCCJA and the Parental Kidnapping Prevention Act (PKPA).
Rule of Law
Issue
Holding and Reasoning (Grimm, J.)
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