Max I. Levine v. Jennifer L. Levine (2011)

MEMORANDUM OF DECISION

The plaintiff initiated this action for dissolution of marriage and for orders regarding the care, custody and support of their minor child.   Said matter was instituted on June 30, 2011 with a return date of August 2, 2011.   The parties appeared, through counsel, before the undersigned on September 26, 2011.

A review of the record reveals that the parties were married in Atlanta, Georgia on January 1, 2002.   A child, Donovan Levine, was born September 27, 2010 and they lived together as an intact family until April 18, 2011 when the wife relocated to Georgia with the child.   She instituted a proceeding in Fayette County, Georgia, docket number 2011V–0791 on June 6, 2011, approximately six weeks after she and the child arrived in the state of Georgia.

On September 29, 2011, the undersigned communicated by telephone with the Honorable Judge Crawford (777–468–1613) to discuss the jurisdictional issues involved.   Both judges agreed that Georgia was not the home state of this child at the time that the mother instituted her Georgia proceeding.

Under the Uniform Child Custody Jurisdiction and Enforcement Act, CGS § 46b–115k et seq., this court will continue to retain jurisdiction over this matter with the understanding that Judge Crawford will dismiss or stay the matter in Georgia.

The parties are ordered to secure a hearing date from the caseflow coordinator regarding the care, support, custody and access of this child.

A copy of this decision shall be transmitted to Judge Crawford, Fayette County court, P.O. Box 916, Thomaston, GA 30286.

Shluger, J.

Shluger, Kenneth L., J.