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Sams v. Boston

384 S.E.2d 151 (1989)

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Sams v. Boston

West Virginia Supreme Court of Appeals
384 S.E.2d 151 (1989)

MP

Facts

After a married couple divorced in West Virginia, and while a custody determination was pending, the father took the couple’s three children and moved to Florida, where the father filed for permanent legal and physical custody of the children. During the West Virginia proceeding, the family master learned about the Florida proceeding and sent a letter to the Florida court informing it of the pending West Virginia proceeding. The West Virginia court found that when the divorce was filed, West Virginia was the home state, as well as the significant-connection state, under the Uniform Child Custody Jurisdiction Act (UCCJA) and awarded the mother permanent custody. The Florida court found that West Virginia had not been the home state within six months, and therefore, Florida had become the home state and the West Virginia award was not entitled to full faith and credit under the Parental Kidnapping Prevention Act (PKPA). The Florida court dismissed allegations that the father abducted the children to Florida because neither the UCCJA nor the PKPA contemplated punitive decrees upon the state with the most significant connection with the children. Thereafter, the father appealed the decision of the West Virginia court.

Rule of Law

Issue

Holding and Reasoning (McHugh, J.)

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