In Anselmo v. Anselmo, No. FA000181708, 2001 WL 358851 (Conn. Super. Ct. Mar. 28, 2001), the husband filed suit in Connecticut seeking, among other relief, custody of his unborn child. He also filed suit seeking that relief in Texas where the pregnant wife lived. The wife asked the Connecticut court to enjoin the husband from pursuing the Texas action.
The court observed that where neither state could claim to be the child's home state, the "UCCJEA would seem to hold that . . . Connecticut, not Texas . . . should accept jurisdiction." (citing "no other court has jurisdiction" statutory provision in Connecticut version of UCCJEA).
However, the court went on to cite the statutory definition of "home state" as the state in which a child lived, and stated:
"The definition section of the Connecticut UCCJEA apparently limits the application of the law to situations following the birth of the child. . . . If that is the case, the question becomes on what basis can this court, or any court for that matter, accept jurisdiction regarding custody of an unborn infant." Id.
Ultimately the court granted the injunction, holding that a stipulation of the parties "constitutes a waiver of either party's right to now argue that issues regarding the unborn child are not properly before the court." Id.