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PAULSEN v. PAULSEN

No. 22747.

928 P.2d 40 (1996)

129 Idaho 536

Miriam Louise PAULSEN, Plaintiff-Respondent, v. Nolan Rex PAULSEN, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 1996 Term.

December 16, 1996.

Attorney(s) appearing for the Case

Cosho, Humphrey, Greener & Welsh, P.A., Boise, for defendant-appellant. Phil E. De Angeli, argued.

Church, Snow & Haley, Burley, for plaintiff-respondent. Peter G. Snow, argued.

JOHNSON, Justice

This is a child custody case. The sole issue presented is whether the Idaho magistrate judge correctly exercised jurisdiction in the face of a pending California custody proceeding. We conclude that pursuant to the Uniform Child Custody Jurisdiction Act (UCCJA), I.C. §§ 32-1101-32-1126, the Idaho judge should not have exercised jurisdiction over the custody question.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Nolan...

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