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University of Nevada, Las Vegas -- William S. Boyd School of Law

1986

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Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley Jan 1986

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

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Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests ...