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May v. Anderson | 345 U.S. 528, 73 S.Ct. 840, 97 L.Ed. 1221 (1953)

Under Article 4, Section 1, of the United States Constitution, known as the Full Faith and Credit Clause, states must recognize and enforce public statutes, records, and judgments of other states.' But what if a state court issues a judgment without having personal jurisdiction over a party? Does the clause still apply? The United States Supreme Court considered this question in May versus Anderson.

In 1946, Owen Anderson and Leona May, husband and wife, were experiencing marital difficulties while residing in Wisconsin. At the time, they had three minor children.

In December of that year, Anderson and May agreed that May should take the children to Ohio and think about what she wanted to do next. On New Year's Day, 1947, May called Anderson and told him that she had decided she wasn't going to return to Wisconsin.

Following the phone call, Anderson filed petition against May in Wisconsin state court, seeking both a divorce and child custody. Process was served on May by delivering a copy of the summons and petition to her in Ohio, which was permitted by Wisconsin statute for divorce actions but not for child-custody disputes. In response, May didn't appear in the action and took no part in the proceeding. The Wisconsin court then entered a divorce decree and judgment awarding child custody to Anderson, subject to May's right of reasonable visitation.

After obtaining the judgment, Anderson traveled to Ohio to get the children.

A few years later, Anderson brought the children back to Ohio and permitted them to visit with May. But when Anderson sought to regain custody of the children, May refused.

Subsequently, Anderson filed a petition for writ of habeas corpus in Ohio state probate court, seeking to regain custody of the children based on the Wisconsin judgment. Under Ohio procedure, the writ only addressed whether May had an immediate right to custody. The court held that the Full Faith and Credit Clause required it to accept the Wisconsin judgment as binding. May appealed to the court of appeals, which affirmed. May then appealed to the Ohio Supreme Court, which dismissed the appeal. The United States Supreme Court granted cert.

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