Chamberlin v. Chamberlin

176 So. 3d 1118, 14 La.App. 3 Cir. 1322, 2015 La. App. LEXIS 811, 2015 WL 1810348
CourtLouisiana Court of Appeal
DecidedApril 22, 2015
DocketNo. 14-1322
StatusPublished
Cited by3 cases

This text of 176 So. 3d 1118 (Chamberlin v. Chamberlin) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chamberlin v. Chamberlin, 176 So. 3d 1118, 14 La.App. 3 Cir. 1322, 2015 La. App. LEXIS 811, 2015 WL 1810348 (La. Ct. App. 2015).

Opinion

GENOVESE, Judge.

| t At issue in this appeal is whether Louisiana has jurisdiction to make an initial determination of child custody in light of the mother’s allegation that Texas, not Louisiana, is the home state of the minor child. After the trial court entered judgment in May 2014 granting the father sole custody of the minor child, the mother filed the instant appeal wherein she contests the trial court’s October 2012 ruling that Louisiana has subject matter jurisdiction to decide custody. The mother argues that the trial court erred in ruling that Louisiana is the home state of the minor child pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), La.R.S. 13:1801 through La. R.S. 13:1841, and the Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. § 1738A. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Daniel Kade Chamberlin (Mr. Chamber-lin) instituted this matter on April 23, 2012, in Natchitoches Parish, Louisiana, by filing a Petition for Divorce and Child Custody.1 According to his petition, Mr. Chamberlin married Kristi Michelle Wit-ten Chamberlin2 (Ms. Witten) “on May 5, 2011, and established a matrimonial domicile in Natchitoches Parish. Of the marriage[,] one child was born, namely Jack Eric Chamberlin [ (Jack) ] age 8 months.[3] ” The petition alleged that Mr. Chamber-lin and Ms. Witten “separated on or about April 22, 2012, with [Ms. Witten] absconding to Texas with [Jack.]” Mr. Chamber-lin sought joint|2custody of Jack with himself being designated as the domiciliary parent and with Ms. Witten having reasonable visitation.

On May 25, 2012, Mr. Chamberlin filed a Motion to Appoint Special Process Server to effectuate service upon Ms. Witten. This order was signed May 31, 2012. On May 30, 2012, Mr. Chamberlin filed a First Amending and Supplemental Petition for Divorce. On June 25, 2012, a Motion and Order to Appoint Curator was filed. The court-appointed curator filed an Answer to Petition for Divorce and Child Custody on July 3, 2012. A hearing in this matter was set for July 31, 2012.

On July 31, 2012, Ms. Witten appeared with retained counsel4 and filed two pleadings in open court: (1) an Objection to Subject Matter Jurisdiction and Request to the Court to Decline Jurisdiction; and, (2) an Exception of Vagueness and Request for Stay Pursuant to La.R.S. 13:1821(B)5 & 28 U.S.C. § 1738A.6 Ms. Witten alleged that Louisiana is not Jack’s home state according to the UCCJEA or the PKPA. She argues that Texas is Jack’s home state; therefore, jurisdiction to decide custody is not proper in Louisiana. According to Ms. Witten’s pleadings, she and Mr. Chamberlin “lived together in [1120]*1120Houston[,] Texas[,] in early 2011 when [she] became pregnant. It was agreed that '[she] would travel to Louisiana to marry [Mr. Chamberlin.]” She denied living in. Louisiana. Instead, it is her contem tion that .she lived-in “Richmond, Texasf,] with [Jack] and has resided there, with [him] since his birth on September 1[,] 2011.”

. |sMr. Chamberlin also filed two pleadings in open court on July 31, 2012: (1) a Second Amending and Supplemental Petition and Motion for Ex Parte Order of Custody; and, (2) his Affidavit attesting to facts supportive of his assertion that Louisiana has jurisdiction to decide child custody pursuant to the UCCJEA in compliance with La.R.S. 13:1821.7 Mr. Chamberlin alleged “a change in circumstances” since his initial filing, thereby necessitating an ex parte order Lgranting him sole custody. According to Mr. .Chamberlin’s motion, Ms. Witten was involved in/an automobile accident “on June 4, 2012, in Ricjimond, Texas, which subsequently resulted in [her] being charged” criminally for drug possession,. and “the Texas Department of Family and Protective Services initiated an investigation of [Ms. Witten] on the basis of alleged abuse or neglect of [Jack].”

The record reflects that the trial court received evidence relevant to whether Louisiana has jurisdiction to make an initial child custody determination over the course of three nonconsecutive days — August 22, 2012, September 24, 2012, and October 26, 2012. On August 22, 2012, Ms. Witten filed her Affidavit for UC-CJEA Information, wherein she attested [1121]*1121to facts supportive of her assertion that Louisiana lacks, or that Texas has, jurisdiction to decide child custody pursuant to the UCCJEA in compliance with La.R.S. 13:1821.

On September 24, 2012, the second day Of trial, Mr. Chamberlin filed two pleadings in open court: (1) an Answer to Respondent's Amended Objection to Subject Matter Jurisdiction and Request to the Court to Decline Jurisdiction; and, (2) an Amended Affidavit for UCCJEA Information in compliance with La.R.S. 13:1821.

At the conclusion of the hearing in this matter on October 26, 2012, the trial court ruled that Louisiana is Jack’s home state; therefore, jurisdiction to decide custody was proper in Louisiana. In reaching this conclusion, the trial court stated, in pertinent part:

I have a great deal of problems with the credibility of the mother, Ms. [Wit-ten] .... The problem is that I don’t think that Ms. [Witten] has been honest with anybody including ... her parents .... I don’t think she’s been honest with anybody. She testified on the stand that she had purposely lied or told untruths, however you want to call it. She testified on the stand that it was her intent to move here. It was her intent because she promised [Mr. Chamberlin] that she would move here[,] and they were gonna get married[,] and they were gonna move here. There are multiple ... things on her ... Facebook saying how |5happy she is and how she wants to live with him, how his family had been so supportive of her. These are things that she said.' So if she is telling her parents that they’re not supportive[,] we had testimony that ... [Mr. Chamberlin’s] mother has come and helped ..., there’s too much other evidence to say that they’re not supportive. She said that she intended to move here, she established a residence here. She established bank accounts, she got mail here. She had doctors, she had a house, she had people mail things here. She told her ... friends and family that ... this is where she wanted to be, this is where she was happy. Now she may have changed her mind and that’s what happens sometime[,] but she established a residence here. She established a domicile here. . And she didn’t leave until April, that’s six months. Under the code, under the [UCCJEA], that gives this State jurisdiction to make the determination concerning custody.Now I know that you and your family think that you were visiting here. But it didn’t look like that. You established and when you said you moved you had ... so many clothes,here_ Okay, that’s because you lived here.... I think factually that the child, that this .family lived and resided in Louisiana from the day that they moved here when she said she intended to come here and live with her husband and establish a home here, till she left. Now she may have had misgivings one way or the other, but she didn’t move. She lived here. She went and visited her parents. She didn’t have another home in Texas, .She did not establish her own home.... [S]he established a residence here.

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Cite This Page — Counsel Stack

Bluebook (online)
176 So. 3d 1118, 14 La.App. 3 Cir. 1322, 2015 La. App. LEXIS 811, 2015 WL 1810348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chamberlin-v-chamberlin-lactapp-2015.