In Re the Marriage of Miller

Appellant Kathy Jo Beam appeals from an order issued by the District Court for the Seventeenth Judicial District, Blaine County, in which the court modified the original custody decree and awarded the parties joint custody of their minor child, Lori.

We vacate the order of the District Court on the basis that the court lacked subject matter jurisdiction to modify the original custody decree, and remand to the court for dismissal of this action.

The following issue, raised sua sponte by this Court, is the only issue we find necessary to review:

Did the District Court have jurisdiction under…