· 3/5/1997
Lustig v. Lustig
Citations
- 1997 SD 24
- 560 N.W.2d 239
- 1997 S.D. LEXIS 23
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- opining that “[l]aws must be read in consonance with the entire statutory scheme”
- clarifying the extent of the jurisdictional scope of the UCCJEA’s predecessor, the Uniform Child Custody Jurisdiction Act (UCCJA)
- “This statute permits a court to either dismiss a ‘custody proceeding,’ or decline jurisdiction over a ‘custody determination,’ but retain jurisdiction on other divorce issues.”
- “Divorce jurisdiction per se is not controlled by the UCCJA; in fact, a court errs when it dismisses a dissolution based on UCCJA jurisdictional requirements.” (analyzing same provision in UCCJA as in section 452.770.4)
- where the divorce action was properly commenced in South Dakota, holding that the circuit court’s determination that it was an inconvenient forum to hear the incidental child custody issue was not a ground for the same determination as to the encompassing divorce action
Source: CourtListener parenthetical corpus (CC0).
Judges: Amundson, Gilbertson, Konenkamp, Miller, Sabers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.