Wahlke v. Corrigan, 392 S.W.3d 426

Kris Wahlke appeals multiple orders (Oct. 8, 2010; Oct. 11, 2010; Mar. 17, 2011; Dec. 2, 2011) granting Kristen Corrigan relocation to Texas and denying Kris’s dismissal for lack of jurisdiction.
Kris and Kristen married in 2000; child born 2006; dissolution decree awarded Kristen sole custody with Kris visitation.
Prior to the decree, Kris and Kristen (and child) moved from Kentucky to Ohio; neither parent nor child resided in Kentucky at the dissolution.
Kristen filed June 18, 2010 to relocate with the child to Abilene, Texas and to modify Kris’s visitation.
The family court granted relocation, Kris moved to reconsider and moved to dismiss for lack of subject-matter jurisdiction, and the court denied the motion.
The appellate court reverses, holds the Kentucky court lacked exclusive continuing jurisdiction under the UCCJEA because the parties and child no longer resided in Kentucky; remands for proceedings consistent with the opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court had exclusive continuing jurisdiction to modify custody under UCCJEA/KRS 403.824(1).	Kris contends no exclusive continuing jurisdiction due to relocation and absence.	Corrigan contends substantial connection/preceding Kentucky proceedings sustain jurisdiction.	No; court misinterpreted statute and lacked exclusive continuing jurisdiction.

Anderson v. Johnson, 350 S.W.3d 453 (Ky. 2011) (recognizes visitation terminology and relocation context in custody cases)
Pennington v. Marcum, 266 S.W.3d 759 (Ky. 2008) (modification/visitation considerations under UCCJEA)
Cann v. Howard, 850 S.W.2d 57 (Ky.App. 1993) (subject matter jurisdiction cannot be waived by estoppel)
Dillard v. Dillard, 859 S.W.2d 134 (Ky.App. 1993) (UCCJEA jurisdiction framework in multi-state custody disputes)
Old Lewis Hunter Distillery Co. v. Ky. Tax Comm'n, 302 Ky. 68, 193 S.W.2d 464 (1945) (statutory interpretation controls legislative intent)