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SCHULTZ v. SCHULTZ

No. 34790.

187 P.3d 1234 (2008)

Kenneth Dean SCHULTZ, Plaintiff-Respondent, v. Rhonda Rae SCHULTZ, Defendant-Appellant.

Supreme Court of Idaho, Boise, May 2008 Term.

June 13, 2008.

Attorney(s) appearing for the Case

Vaughn W. Fisher, Jr., Boise, argued for appellant.

Brooks Law, P.C., Nampa, for respondent. Kimberly Danielle Brooks argued.

BURDICK, Justice.

Appellant Rhonda Rae Schultz appeals from a magistrate court's order requiring her to return to Idaho with her minor daughter or relinquish custody of the child to Respondent Kenneth Dean Schultz. We reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

Kenneth Dean Schultz (Kenneth) and Rhonda Rae Schultz (Rhonda) were married in Boise on February 25, 2005. Their only child, Sylvia Susan Schultz (Sylvia), was born on May 21...

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