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Conflict of Laws Keyed to Brilmayer
May v. Anderson
Citation:
345 U.S. 528 (1953)Facts
Plaintiff, Leona Anderson May, and Defendant, Owen Anderson, were married in Wisconsin and resided there together until December 1946. In December 1946, they agreed that Leona would take their three children to Ohio so that she could think about the future of the parties’ marriage. In January 1947, Leona decided to stay in Ohio. When Leona informed Owen of her decision, he brought suit against Leona in Wisconsin state court, seeking a divorce decree and custody of the children. Leona received a copy of the summons and the petition, but she did not participate in the proceedings. In February 1947, the Wisconsin court granted the divorce and awarded custody of the children to Owen with visitation for Leona. Owen took the divorce decree to Ohio where he obtained possession of the children with the assistance of a police officer. In July 1951, while the children were visiting Leona in Ohio, Leona refused to surrender the children to Owen. Owen filed a petition in a probate court in Ohio. The Ohio court determined that the Wisconsin divorce decree was to be given full faith and credit, making it binding on Leona. The Ohio court then ordered that the children be returned to their father.
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