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Melissa S. v. Edward T. K., 2009AP2354, Dist IV, 1/14/10

court of appeals decision (1-judge; not for publication)

TPR – Competency of Court, Uniform Child Custody Jurisdiction and Enforcement Act
Custody order in Iowa didn’t strip competency of Wisconsin court to act on TPR petition, where child now lived in Wisconsin, and matter held in abeyance until Iowa declined jurisdiction; “Wis. Stat. § 822.23 does not require a court to dismiss a custody action as soon as it discovers that another state had entered a custody order for the child when the action was commenced in this state.  It prohibits the court from modifying the custody determination of another state unless the other court has declined jurisdiction,” ¶15.

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