Benson v. Benson

VANDE WALLE, Chief Justice.

[¶ 1] Barry Benson appealed a district court judgment which concluded the state of Texas had jurisdiction to decide his child custody action. We reverse and remand for further proceedings consistent with this opinion.

I

[¶ 2] Barry and Rachel Benson were divorced in July 1998. They had one child, Dalton, who was born in August 1996. By a stipulation incorporated into the North Dakota judgment, the parties agreed to the following visitation arrangements: “[Rachel] shall have care, custody and control and provide the home residence of the minor child ... [Barry] shall…