(Download) "State Ex Rel. Lois Larson v. Albert P." by Supreme Court of Minnesota * Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Lois Larson v. Albert P.
- Author : Supreme Court of Minnesota
- Release Date : January 12, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1. Since a proceeding to determine custody of a minor child partakes of the nature of an action in rem, the res being the status of the minor, only the court of that state in which the minor is domiciled can fix or change that status. Though an unemancipated minor generally has its fathers domicil, where the mother and father are divorced, the minors domicil follows that of the parent to whose custody it has been legally given. A wife may after a divorce acquire a separate domicil. Hence where, as part of divorce proceedings, the Iowa court awarded custody of a minor child to each parent alternately for six months of each year and the mother subsequently established her domicil in Minnesota, during the mothers six months and while in Minnesota the minors domicil is that of the mother. While the minor is domiciled in Minnesota, the Minnesota court has jurisdiction to determine its custody and is not bound by the full faith and credit clause of the federal constitution to give effect to the Iowa decree.