In re Marriage of Brandt

Acting on a petition filed by the child's father, the Arapahoe County District Court assumed jurisdiction to modify a Maryland child custody order on the grounds that neither the child nor the child's parents "currently resided" in Maryland. Petitioner George Brandt and his child lived in Colorado, and Respondent Christine Brandt lived in Texas. Respondent sought relief from the Colorado court order. Upon review, the Colorado Supreme Court held that the district court failed to apply the appropriate standard of review when assuming jurisdiction to modify the Maryland child custody order. The operative statutory term "presently reside" is not equivalent to "currently reside" or "physical presence." Accordingly, the Court reversed and vacated the district court's order assuming jurisdiction and remanded the case for further proceedings. View "In re Marriage of Brandt" on Justia Law