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eBook details

• Title: Goss v. Goss
• Author : Supreme Court of the United States
• Release Date : January 06, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The controlling issue here, guiding the resolution of this case, is whether sufficient service was made on an ex-wife (mother) of a Petition for Modification of Order Judgment and Decree to vest the district court with jurisdiction to enter a default judgment modifying the custody provisions of the Order, Judgment, and Decree in a divorce case. In this appeal, taken from a subsequent Order Awarding Legal Custody of the Minor Children to Defendant ? Judgment for Past Due Child Support that was entered in a proceeding initiated by the mother, the parties choose to debate the merits of that order, and they do not question the validity of the earlier default. We have an obligation to raise questions of jurisdiction on our motion, - Page 308 however, and we conclude that the district court was without jurisdiction to enter the default judgment modifying the child custody provisions in the Order, Judgment and Decree. The effect of that lack of jurisdiction is that the order awarding the custody of the minor children to the father in the initial modification proceeding was void, and the subsequent proceeding initiated by the mother which resulted in the order from which this appeal is taken was unnecessary in terms of adjusting the status quo. The several claims of error can be considered only upon the assumption that the issues as joined contemplated an effort by the divorced husband (father) to obtain a valid order awarding custody of the minor children to him. We affirm the decision made by the district court awarding custody to the mother.

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