Haywood
Haywood v. Superior Court
Opinion
Opinion
Curry, J.
Petitioner Jennifer L. Haywood sought a writ directing the family court to vacate its order dismissing her marital dissolution action and directing the trial court to exercise exclusive jurisdiction over the issue of child custody. The family court subsequently vacated the dismissal order and asserted jurisdiction over child custody, but did not determine whether the orders of a Michigan court regarding child custody were entitled to full faith and credit. We grant the peremptory writ to the extent necessary to accord the relief sought regarding jurisdiction over child custody.
Factual and Procedural Background
On or about May 24, 1999, real party in interest Breyound Haywood filed a complaint for divorce in Michigan (hereafter the Michigan action). The complaint alleges that Breyound had resided in Michigan for at least 180 days, that Jennifer, his wife, was residing in California as of May 10, 1999, and that Jennifer was pregnant and expected to give birth in July 1999. Aside from a judgment of dissolution of marriage, the complaint asks the Michigan court to determine custody of the unborn child and to order Jennifer to return to Michigan.