History:
L. 1978, ch. 231, § 2; L. 1983, ch. 140, § 10; Repealed, L. 2000, ch. 171, § 84; July 1.
CASE ANNOTATIONS
1. District court has jurisdiction under K.S.A. 38-1303 where one of the parties and child or children meet provisions of statute even though another state is "home state" as defined herein. Larsen v. Larsen, 5 Kan. App. 2d 284, 287, 615 P.2d 806.
2. Mentioned; stay of enforcement of temporary order upheld when enforcement would seriously harm child. Kaiser v. McClendon, 6 Kan. App. 2d 569, 570, 631 P.2d 251 (1981).
3. Temporary custody order from foreign jurisdiction is enforceable in Kansas court under Kansas uniform child custody jurisdiction act. Kaiser v. McClendon, 230 Kan. 472, 474, 631 P.2d 251 (1981).
4. Cited in affirming trial court's acceptance of jurisdiction in child custody matter; Kansas was home state of child. Guye v. Guye, 8 Kan. App. 2d 219, 221, 654 P.2d 482 (1982).
5. Occasional visitation by child not significant connection with this state sufficient to establish jurisdiction for change in custody; dissent. Bills v. Murdock, 232 Kan. 237, 240, 241, 243, 654 P.2d 406 (1982).
6. Act held applicable to code for care of children. In re Wicks, 10 Kan. App. 2d 124, 125, 693 P.2d 481 (1985).
7. Act does not grant court subject matter jurisdiction to adjudicate child support or other monetary obligation. Warwick v. Gluck, 12 Kan. App. 2d 563, 566, 751 P.2d 1042 (1988).
8. Exclusive jurisdiction of initial court and limitations on Kansas jurisdiction examined where another state previously issued valid decree. In re Marriage of Mosier, 251 Kan. 490, 491, 836 P.2d 1158 (1992).
9. Cited; whether the UCCJA (K.S.A. 38-1301 et seq.) applies to adoptions examined; jurisdiction, inconvenient forum examined. In re Adoption of Baby Girl B, 19 Kan. App. 2d 283, 287, 867 P.2d 1074 (1994).
10. Whether the UCCJA (K.S.A. 38-1301 et seq.) is applicable to an initial determination of child custody in divorce proceeding pursuant to K.S.A. 60-1610 examined. In re Marriage of Harris, 20 Kan. App. 2d 50, 53, 57, 883 P.2d 785 (1994).
11. Post judgment motions for reconsideration filed without challenging jurisdiction waived lack of personal jurisdiction defense. Carrington v. Unseld, 22 Kan. App. 2d 815, 818, 923 P.2d 1052 (1996).
In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). · cites it 2ד” K.S.A. 38-1302(c). This definition is broad enough to include adoption proceedings, which inherently determine custody issues.”
Bills v. Murdock, 654 P.2d 406 (Kan. 1982). · cites it 4ד" K.S.A. 38-1302( e ). Texas being the home state, jurisdiction does not lie in Kansas under K.”
In Re the Marriage of Osborne, 901 P.2d 12 (Kan. Ct. App. 1995). · cites it 3ד” K.S.A. 38-1302(c). “Physical custody” is defined as “actual possession and control of a child.”
Arbogast v. Arbogast, 327 S.E.2d 675 (W. Va. 1984). “K.S.A. 38-1302(e) defines "home state” as: ”[T]he state in which the child immediately preceding the time involved lived with his or her parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old the…”
Larsen v. Larsen, 615 P.2d 806 (Kan. Ct. App. 1980). “” K.S.A. 1979 Supp. 38-1302(e) defined “home state” as follows; “(e) ‘home state’ means the state in which the child immediately preceding the time involved lived with his or her parents, a parent, or a person acting as parent, for at least six consecutive months, and in the…”
State Ex Rel. in Interest of Rp v. Rosen, 966 S.W.2d 292 (Mo. Ct. App. 1998). · cites it 2דKan. Stat. Ann. § 38-1302 .(c). Both Missouri's and Kansas's versions of the UCCJA are simply slight variations from the Model UCCJA, which provides that a "custody proceeding" includes "child neglect and dependency proceedings.”
Warwick v. Gluck, 751 P.2d 1042 (Kan. Ct. App. 1988). ““Custody determination” is defined as “a court decision and court orders and instructions providing for the custody of a child, including visitation rights; it does not include a decision relating to child support or any other monetary obligation of any person.”
State ex rel. R.P. v. Rosen, 966 S.W.2d 292 (Mo. Ct. App. 1998). · cites it 2דKan. Stat. Ann. § 38-1302 .(c). Both Missouri’s and Kansas’s versions of the UCCJA are simply slight variations from the Model UCCJA, which provides that a “custody proceeding” includes “child neglect and dependency proceedings.”
In Re the Marriage of Mosier, 836 P.2d 1158 (Kan. 1992). “38-1303, as Kansas was the “home state” of the child as defined in K.S.A. 38-1302(e). No affirmative relief was sought in the petition.”
Carrington v. Unseld, 923 P.2d 1052 (Kan. Ct. App. 1996). “See K.S.A. 38-1302(e); K.S.A. 38-1303. Carrington’s petition indicates that she and L.”
In Re the Marriage of Nasica, 758 P.2d 240 (Kan. Ct. App. 1988). “Home state is defined in K.S.A. 38-1302 as follows: “(e) ‘Home state’ means the state in which the child immediately preceding the time involved lived with the child’s parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a…”
Kaiser v. McClendon, 639 P.2d 39 (Kan. 1982). · cites it 2דK.S.A. 1980 Supp. 38-1302 is the definitions section of the uniform act as adopted in Kansas.”
Warwick v. Gluck, 751 P.2d 1042 (Kan. Ct. App. 1988). ““Custody determination” is defined as “a court decision and court orders and instructions providing for the custody of a child, including visitation rights; it does not include a decision relating to child support or any other monetary obligation of any person.”
In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). “” K.S.A. 38-1302(c). This definition is broad enough to include adoption proceedings, which inherently determine custody issues.”
Bills v. Murdock, 654 P.2d 406 (Kan. 1982). “" K.S.A. 38-1302( e ). Texas being the home state, jurisdiction does not lie in Kansas under K.”
In Re the Marriage of Osborne, 901 P.2d 12 (Kan. Ct. App. 1995). “” K.S.A. 38-1302(c). “Physical custody” is defined as “actual possession and control of a child.”
In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). “” K.S.A. 38-1302(c). This definition is broad enough to include adoption proceedings, which inherently determine custody issues.”
Arbogast v. Arbogast, 327 S.E.2d 675 (W. Va. 1984). “K.S.A. 38-1302(e) defines "home state” as: ”[T]he state in which the child immediately preceding the time involved lived with his or her parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old the…”
Larsen v. Larsen, 615 P.2d 806 (Kan. Ct. App. 1980). “” K.S.A. 1979 Supp. 38-1302(e) defined “home state” as follows; “(e) ‘home state’ means the state in which the child immediately preceding the time involved lived with his or her parents, a parent, or a person acting as parent, for at least six consecutive months, and in the…”
In Re the Marriage of Mosier, 836 P.2d 1158 (Kan. 1992). “38-1303, as Kansas was the “home state” of the child as defined in K.S.A. 38-1302(e). No affirmative relief was sought in the petition.”
Bills v. Murdock, 654 P.2d 406 (Kan. 1982). “" K.S.A. 38-1302( e ). Texas being the home state, jurisdiction does not lie in Kansas under K.”
— K.S.A. § 38-1302(h) — 1 case
In Re the Marriage of Osborne, 901 P.2d 12 (Kan. Ct. App. 1995). “” K.S.A. 38-1302(c). “Physical custody” is defined as “actual possession and control of a child.”
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