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Case No. 20-1302

Angela Victoria Hullman
v.
Bill Robert Richards

Appellee

Angela Victoria Hullman

Appellant

Bill Robert Richards

Attorneys for Appellee

Jaclyn A. Tackett

Attorneys for Appellant

Kyle E. Focht

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1302
Date Published:
Jun 30, 2021
Summary

            Appeal from the Iowa District Court for Fremont County, Margaret Reyes, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Bill Richards, father to a minor child, appeals the denial of his request to modify the physical care provisions of a custody decree, and requests an award of appellate attorney fees.  Bill argues he should receive physical care of the child because he offers superior parenting abilities than the mother, Angela Hullman.  OPINION HOLDS: On our review, we note the State of Missouri entered a custody order involving this child in 2009.  We sua sponte consider whether the mandatory jurisdictional prerequisites of the Uniform Child-Custody Jurisdiction and Enforcement Act were met.  Finding they were not, we conclude the district court lacked jurisdiction to decide the merits of Angela’s modification action.  Therefore, we reverse and remand to the district court to dismiss the Iowa action until it determines whether Missouri declines jurisdiction.  

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