Curry v. Curry

OPINION

JONES, Judge:

Tina Curry, now Njuguna, appeals an order of the Bullitt Circuit Court dismissing her motion for modification of a child custody order for lack of jurisdiction. For the reasons more fully explained below, we vacate and remand.

I

Tina Njuguna and Brian Curry divorced in 2000. At that time, the Bullitt Circuit Court entered an order granting them joint legal custody of their two minor daughters. It designated Njuguna as the primary residential custodian and awarded Curry visitation.

Curry subsequently moved to West Virginia with the children. In 2005, he filed a motion with the…