Long v. Long

LEVINE, Justice.

The question presented is whether a district court in North Dakota has subject-matter jurisdiction to modify child custody where the parents and children do not reside in North Dakota and another State has declined to exercise jurisdiction because of North Dakota’s assertion of jurisdiction. We hold that the district court in North Dakota was without jurisdiction and we therefore vacate the second amended judgment and remand with directions.

Kathy A. Long and Jeffrey Long were divorced on August 23, 1979. Kathy was awarded custody of their two children and Jeffrey was awarded…