Colby v. Colby

This case comes before the court on a petition to review a decision of the court of appeals which reversed the trial court. We reverse the decision of the court of appeals. At issue is an application of ch. 822, Stats., the Uniform Child Custody Jurisdiction Act.

The plaintiff-respondent, Carl R. B. Colby, married the defendant-appellant, Sheila Colby, on December 1, 1974. The marriage took place in Clinton, Wisconsin, in Rock county.

In April, 1975, the couple moved to Phoenix, Arizona. There their only child, Rachel Colby, was born on April 19, 1976. At the time of Rachel’s birth, Carl and…