Dellapenta v. Goldy

SMALLWOOD, JUDGE:

Darla Dellapenta appeals from an order of the Bath Circuit Court which granted sole custody of her two minor children to Brandon Goldy, the father of one child and putative father of the other. Appellant asserts that the circuit court lacked jurisdiction over the custody issue because Colorado was the home state of the child. We agree and vacate the order on appeal.

The children at issue in this case were born in North Carolina. In 2012, the parties moved from North Carolina to Kentucky. They then moved to West Virginia in early 2015. About April of 2015, Appellant and the…