Conflict of Laws
May v. Anderson, 345 U.S. 528 (U.S. 1953)
Study notes for May v. Anderson: professor notes, cold call prep, exam angles, and memory aids.
A state is not required to enforce a child custody decree from another state if the rendering court lacked personal jurisdiction over the parent.
The case of May v. Anderson addresses critical elements of the Full Faith and Credit Clause, particularly focusing on personal jurisdiction in the context of child custody disputes. Professors would emphasize that the Wisconsin court's failure to establish personal jurisdiction over the mother has significant implications for the enforcement of its custody decree in Ohio. This case serves as pivotal precedent in determining the limitations of state authority in family law, stressing that personal jurisdiction is paramount when adjudicating custodial rights. The overarching takeaway is the importance of jurisdictional authority in ensuring the enforcement of inter-state judgments.
No Jurisdiction, No Credit - You can’t enforce what you haven't established.
| Case | Distinction |
|---|---|
| Estin v. Estin | Estin involved a custody decree from a state where one parent resided and had established jurisdiction, whereas May v. Anderson hinged on a lack of personal jurisdiction. |
| Sosna v. Iowa | Sosna upheld jurisdiction for divorce proceedings even when one party was a non-resident; in contrast, May v. Anderson invalidated a custody decree due to lack of jurisdiction. |
| Perez v. Perez | In Perez, enforcement was allowed due to proper jurisdiction over both parties; May shows enforcement is barred without personal jurisdiction. |
Maintaining a strict requirement for personal jurisdiction respects the rights of parents and prevents courts from making determinations without proper authority.
Too rigid an application of personal jurisdiction could undermine the stability of custody arrangements and children's welfare by limiting enforcement of valid custody decrees.
This case is likely to appear on exams in the context of the Full Faith and Credit Clause and issues of personal jurisdiction. Students should be prepared to analyze how jurisdiction affects the enforcement of family law decrees across state lines.