Rosics v. Heath , 1987 Wyo. LEXIS 561 ( 1987 )

THOMAS, Justice,

specially concurring.

I am in accord with the disposition of this case as accomplished by the majority opinion. Given the chronology of events in the District Court of the Seventh Judicial District of the State of Wyoming in and for Natrona County, I am satisfied that court also had jurisdiction pursuant to § 20-5-104(a)(i) and (ii), W.S.1977. The mother brought the children to Casper, Wyoming on January 24, 1986, and they had been residing there for six months prior to the filing of the Motion for Court to Assume Jurisdiction Under Uniform Child Custody Jurisdiction Act on July 31, 1986. The proceeding to determine child custody was not initiated until that pleading was filed, even though the mother previously had sought protective relief from the enforcement of the Texas modification decree. By that time, Wyoming had become the “home state” of the children pursuant to the definition set forth in § 20-5-103(a)(v), W.S.1977 (June 1987 Replacement), and jurisdiction could be found pursuant to § 20-5-104(a)(i). Furthermore, it seems to me that all of the conditions set forth in § 20 — 5—104(a)(ii) are satisfied by the record.