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Kogel v. Kogel

The trial court erred in denying the mother's motion to vacate a temporary order granting custody of her minor child to the child's father, because the trial court lacked subject matter jurisdiction to make a child custody determination.

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Briona Danielle Kogel appeals from the trial court’s denial of her motion to vacate a temporary order that granted custody of her minor child to the child’s father, Christofor Kogel, after Christofor filed for divorce from Briona. Briona argues on appeal that the trial court lacked subject-matter jurisdiction to enter an order of child custody under the Uniform Child Custody Jurisdiction and Enforcement Act UCCJEA. Because we agree that the trial court lacked subject-matter jurisdiction to make a child-custody determination, we reverse the trial court’s denial of Briona’s motion to vacate.

The record reflects that Briona and Christofor were married in Texas on December 24, 2011. Briona then gave birth to their child, X. K., in Texas on June 25, 2012. In March 2013, approximately nine months after X. K. was born, Briona, Christofor, Christofor’s mother, and X. K. moved to Wyoming. Then, in January 2014, the family again relocated—this time to Georgia. But in April 2014, Briona returned to Texas with X. K. under the auspices of visiting a sick relative. Then, when Briona did not return to Georgia, Christofor filed for divorce in the Superior Court of Murray County in July 2014, seeking temporary and permanent physical custody of X. K.

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