Murphy v. Murphy

Kevin L. Murphy (husband) appeals from a judgment of the Probate Court for Barnstable County granting custody of their minor child to Florence E. Murphy (wife). The husband argues that the Probate Court lacked jurisdiction because of an Arizona order pendente lite granting temporary custody of the child to him. We transferred the appeal here from the Appeals Court on our own motion.

We summarize the facts and the proceedings below. The parties were married in Barnstable, Massachusetts, in July, 1975. A child was born to the marriage in December, 1975, in Falmouth, Massachusetts. In February,…