In re M.S.
Supreme Court of Vermont
1ConcurrenceRobinson, J.
¶ 37. Without explicitly saying so, the majority essentially holds as a matter of law that a child born in a hospital generally does not have a home state until he or she sleeps in a bed outside the hospital. Its analysis in support of this conclusion leaps from an uncontroversial legal assertion supported by the language of the statute and the cases the majority cites to the far more questionable holding that I challenge. I don't believe this analysis is supported by a sensible interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) or the cases relied upon by…
2Cases cited9 opinions
- Powell v. StoverTexas Supreme Court · 2005
- Hightower v. MyersSupreme Court of Missouri · 2010
- In re R.B.Supreme Court of Vermont · 1989
- Stephens v. Fourth Judicial District CourtMontana Supreme Court · 2006
- In re the Adoption of H.C.H.Supreme Court of Kansas · 2013
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