The mother appeals the circuit court judgment granting the father custody of their minor son. The trial court entered a default judgment against the mother in its determination of the child's initial custody. The mother claims that the trial court was without jurisdiction to enter an initial custody decree because an Indiana court had already determined custody, and in the alternative, it improperly denied her motion to set aside the default judgment. Thus, the father's initial custody proceedings were void. G. Gaertner, P.J., and Crahan, J., concur.
Mother argues that the trial court's judgment lacks justiciability in that it is moot.
In the alternative, she alleges the trial court erred in failing to set aside the default judgment against her. We reverse and remand the cause to the trial court with directions to dismiss for lack of subject matter jurisdiction. Mother and Father were residents of Indiana in 1987. An Indiana court issued a declaration of Father's paternity and an initial decree of custody for R.A.B. on November 17, 1987. The judgment granted Mother, among other things, custody and child support, and granted Father visitation rights.