Castle v. Castle

The majority says, without reservation, restriction, or qualification, that the courts of this state cannot, as a matter of jurisdiction, adjudicate the custody of a minor child where such child is not physically present within the state during the pen-dency of the case. While this broad and unequivocal pronouncement provides a ready disposition of this appeal, it is my judgment respectfully advanced that such is neither the law nor should it be. This statement, if permitted to stand, will propo-gate a lonely, unnecessary and dangerously poor precedent in child custody cases.

The correct…