In Re Custody of Tolliver, Unpublished Decision (5-3-2004)
In Re Custody of Tolliver, Unpublished Decision (5-3-2004)
Opinion of the Court
{¶ 2} On March 17, 2003, appellee, Robyn McBride, the children's mother, filed a custody petition in the Campbell County Circuit Court/Family Court in Campbell County, Kentucky.1 One month after appellee filed her custody petition in Kentucky, appellant filed his custody petition in the Madison County Juvenile Court. In an entry dated May 9, 2003, the juvenile court dismissed appellant's petition on grounds that it was prohibited from exercising jurisdiction pursuant to R.C.
{¶ 3} Having appealed the juvenile court's decision, appellant presents a single assignment of error arguing that the juvenile court erred when it determined that it had no jurisdiction to adjudicate appellant's custody action.
{¶ 4} A trial court may decline jurisdiction in a parenting proceeding if, at the time it is filed, there is a parenting action pending in another state. Lawrence v. Lawrence, Clermont App. No. CA2001-09-070, 2002-Ohio-1310, at ¶ 20. Specifically, R.C.
{¶ 5} The decision whether to exercise jurisdiction pursuant to R.C.
{¶ 6} The record clearly shows that at the time appellant filed his custody petition in the Madison County Juvenile Court, a parenting action was already pending in Kentucky. Accordingly, the juvenile court did not abuse its discretion in refusing to exercise jurisdiction over appellant's custody petition.Lawrence.
{¶ 7} Appellant's sole assignment of error is overruled.
{¶ 8} The judgment is affirmed.
Judgment affirmed.
Walsh and Valen, JJ., concur.
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