Leslie J. Ruiz v. Anthony J. Delgado (2009)

ORDER OF DISMISSAL FOR LACK OF JURISDICTION

This is an interstate parentage and parental rights matter.   A hearing was held on December 7, 2009.   As a result of evidence provided at the hearing, this court was made aware of its lack of subject matter jurisdiction.

The parties were never married.   The parties are the parents of Mariah Angelis Delgado, who was born on July 23, 2006 in Connecticut.   The parents and the child resided in Pennsylvania from May of 2007 until May 16, 2009.   The mother and child resided in Connecticut from May 16, 2009 until October 14, 2009, when the child was brought to Pennsylvania by the father.   The father commenced a custody action, in the Dauphin County Court of Common Pleas in Harrisburg, Pennsylvania, in October 2009.   On November 12, 2009 the mother commenced this action, alleging that the child had resided in Connecticut for almost seven months.   An ex-parte order was granted (Gould, J.) awarding temporary custody of the minor child to the mother pending a hearing on December 7, 2009.   The court was unaware of the pending Pennsylvania action.

This state is not the home state of the minor child.   Pennsylvania is the home state of the minor child.   None of the other jurisdictional requirements of Conn. Gen.Stat. § 46b-115k have been met.   This court had a telephonic conference with the Hon. Bruce Bratton of the Dauphin County Court of Common Pleas in Harrisburg, Pennsylvania on December 7, 2009.   Judge Bratton indicated that the Dauphin County Court of Common Pleas in Harrisburg, Pennsylvania would be prepared to exercise jurisdiction.   This court cannot find that it is necessary to invoke temporary emergency jurisdiction pursuant to Conn. Gen.Stat. § 46b-115n.

Accordingly, the temporary orders entered on November 12, 2009 are hereby vacated and this case is hereby dismissed.

Pinkus, J.

Pinkus, Barry C., J.