Kubal v. Anderson

Summary

The North Dakota Supreme Court reversed the district court’s dismissal of a child‑custody case, holding that the record was insufficient to determine whether the court had subject‑matter jurisdiction under the UCCJEA. It affirmed that jurisdiction cannot be waived by the parties and that the home‑state analysis must be based on the filing date of the North Dakota proceeding. The Court remanded for further proceedings to develop the factual record regarding the South Dakota case.