Jerry W. Wells v. Robbin Nelson, et al.

In Nelson v. Sharp the Kentucky Supreme Court denied a rehearing after upholding the Kentucky Court of Appeals ruling on jurisdiction, denial of writ of prohibition/mandamus, passed on the merits to al­ low correction to the record whereby de facto status and custody were previously awarded to petitioner with his spouse, passed on the merits to admit the lower court original transcript in support of peti­ tioner’s status, and failed to address the use of a for­ ward related order by the Kentucky Court of Appeals. Petitioner now files for this writ of certiorari to address the use of the UCCJEA to deny the jurisdiction of a sister state during the pendency of an adoption, an is­ sue which is split among the circuits, and which is in contravention of Federal Law, the UCCJEA act itself, and the UCCJEA codified state statutes, and to ad­ dress actions of the judiciary using non-existent orders which invalidate rulings and which appear incon­ sistent with the requirements under the Code of Con­ duct for United States Judges. Thus, the questions presented in this petition, which would resolve the national jurisdictional split on the issue of the application of the UCCJEA during adoptions and correct the abuse of discretion and in­ trusion of the judiciary to constitutionally protected rights, as well as address the appearance of judicial misconduct are: 1. Can an original decree state, having lost per­ sonal and subject matter jurisdiction for