Bode Miller and his ex-girlfriend are engaged in a unique custody dispute that could have major consequences for this area of law. Many Americans watched skier Bode Miller compete in the Sochi Winter Olympics over the past two weeks, as he capped off his legendary career with a bronze medal in the Super G event. He also generated a great deal of sympathy from viewers around the world when he broke down in tears during his post-race interview. But a custody dispute story involving Miller has made headlines in the world of family law, even as it was swept aside during the television coverage of the Olympics.
The conflict centers on Miller’s ex-girlfriend’s decision to move to another state while she was pregnant with Miller’s child, but after they had broken up. The issue is whether she had a right to do this and what implications her decision has for deciding custody of the child.
Custody Dispute initiated in Moving From California to New York
Miller, who lives in southern California, dated the mother of his child for a few months in 2012. Before they broke up, she became pregnant with his son. In November 2012, Miller (who had married another woman by this point) filed a “Petition to Establish Parental Relationship” in California. The next month, while she was seven months pregnant, the mother moved to New York in order to attend Columbia University.
Two days after the baby was born in February 2013, the mother went to a New York Family Court to petition for custody. Under New York law, the child’s “home state” has jurisdiction over any custody case that arises. However, the family judge ruled that the case should be sent to California, accusing the mother of moving to New York for the purpose of finding a more friendly court. The California family court then awarded custody to Miller and his wife.
The mother appealed the New York decision, and a five-judge panel ruled in November 2013 that her rights had been violated and that New York should have jurisdiction over the case. Since then, California and New York have been engaged in a legal dispute over jurisdiction, with the parties caught in the middle. The baby has mostly remained with Miller and his wife, with the mother getting occasional visitation.
Outcome Could Shape Future Custody Disputes
Most likely, the courts will eventually determine that New York should have jurisdiction, since the mother moved there before the baby was born. If Miller wants to contest custody, he may have to do so in New York courts. However, that will still leave the thornier issue of how to deal with custody when, after a baby’s birth, one parent wants to move far away and the other wants to play an active role in the child’s life. Perhaps this case will provide some clarity for these disputes moving forward.
What to Do if You Are Involved in a Custody Dispute
If you are involved in a custody dispute with a former partner, you should contact a family law attorney immediately. An attorney can review the facts of your case and provide you with advice and guidance regarding your concerns.
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