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Curtis v. Klimowicz

The trial court did not abuse its discretion in prohibiting the parties' minor child from leaving the jurisdiction of the United States on the grounds that the custodial father served in the military and was subject to assignment for extended overseas duty.

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In this discretionary appeal from a trial court’s order modifying his divorce decree, Jeremiah Curtis, who presently serves in the military, contends that the trial court erred in prohibiting his minor child from leaving the jurisdiction of the United States. Specifically, Curtis argues 1 that the court improperly attempted to retain jurisdiction over the action, 2 that the court failed to find that removal from the country would harm the child, and 3 that if he is assigned duty outside the United States, he would be deprived of custody of his child. For the reasons that follow, we affirm. The undisputed facts show that Curtis and Natasha Klimowicz were divorced in September 2000. Pursuant to the divorce decree, Curtis and Klimowicz shared joint legal and physical custody of their daughter, A. C., who was two years old at the time of the divorce, with Curtis having physical custody on Wednesdays or Thursdays of alternating weeks through Sunday, and Klimowicz having custody Sunday evening through Wednesdays or Thursdays of alternating weeks.

From 2000 to 2003, Curtis lived in Georgia and shared physical custody of A. C. In July 2003, Curtis enlisted in the U. S. Army and was stationed at Fort Riley, Kansas. Having remarried in September 2003, he was called to serve in Iraq in October 2003, and returned to Fort Riley in February 2004.

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