Christensen v. Christensen

752 N.E.2d 179, 2001 Ind. App. LEXIS 1235, 2001 WL 824263
CourtIndiana Court of Appeals
DecidedJuly 23, 2001
Docket20A05-0012-CV-528
StatusPublished
Cited by13 cases

This text of 752 N.E.2d 179 (Christensen v. Christensen) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christensen v. Christensen, 752 N.E.2d 179, 2001 Ind. App. LEXIS 1235, 2001 WL 824263 (Ind. Ct. App. 2001).

Opinions

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Respondent, Erin Christensen (Erin), appeals the trial court's determination that it had jurisdiction to modify a foreign child custody order, thereby transferring primary physical custody of her two minor children, B. and A., to Bishop Christensen (Bishop), her former husband and the children's biological father.

We affirm.

ISSUE

Erin raises four issues for our review, which we consolidate and restate as the sole dispositive issue of: whether the trial court erred by assuming jurisdiction to hear all matters involving custody and visitation by domesticating a foreign divorcee decree and finding that it had jurisdiction over the children under the foreign decree and the Uniform Child Custody Jurisdiction Act (UCCJA) and further finding that the parties submitted to the court's jurisdiction by filing a signed and notarized joint motion, modifying the foreign decree.

FACTS AND PROCEDURAL HISTORY

Erin and Bishop were divorced in Seminole County, Florida, on February 21, 1997. Pursuant to the divorcee decree, the parties shared custody of their two minor children, but Erin had primary care and residential control of the children. Following the dissolution of marriage, Bishop moved to Elkhart County, Indiana, in February 1997, and Erin moved with the children to Newport News, Virginia, in May, 1997. It is undisputed that Erin and the children have lived in Virginia ever since.

[181]*181On August 4, 1998, Erin filed a Uniform Reciprocal Enforcement of Support Act petition in Elkhart County Superior Court No. 3, requesting the Elkhart Court to enforce the Florida child support order, and registration of the Florida spousal support order. The Elkhart trial court entered enforcement orders with respect to Bishop's support obligations on September 29, 1998, and December 8, 1998.

On March 5, 1999, Bishop filed a verified "Complaint to Domesticate a Foreign Decree of Dissolution of Marriage" in Elkhart Superior Court No. 1. Specifically, the Complaint contained provisions verified under oath, signed by both parties, and notarized, stating that, "Elkhart County is the proper jurisdiction to enforce the terms of the judgment of divorce.... [and] it would be in the best interests of the parties if the foreign judgment of divoree were domesticated in Elkhart County, Indiana, to protect the interests of the parties and their minor children." (R. 19). Submitted with these pleadings were the following: a copy of the Final Judgment of Dissolution of Marriage in Florida, and a joint verified Agreed Modification of Marital Agreement and Dissolution of Marriage. All pleadings were signed by both Erin and Bishop and notarized. Therefore, the trial court deemed the pleadings to have been jointly filed pro se. As a result, the trial court granted the prayer of the Complaint, domesticated the foreign dissolution decree and assumed jurisdiction over all marital issues. Specifically, the trial court determined the Agreed Modification of Marital Agreement and Dissolution of Marriage to be an Agreed Modification Order, and thereby approved the Agreed Modification as the order of the court modifying the Florida Judgment of Dissolution.

On May 6, 1999, Erin filed a motion to vacate the trial court's order assuming jurisdiction over all marital issues, and to dismiss all other custody related matters filed by Bishop. Following a hearing on May 10, 1999, the trial court ruled that it was:

the proper jurisdiction to hear all matters involving custody and visitation .... [and] that the parties submitted to the jurisdiction of this Court by filing a motion modifying the [Florida] divorce decree, and that the same was signed by both parties in the presence of individual notaries. Court denies former wife's motion to transfer this cause to the State of Virginia.

(R. 87).

On April 24, 2000, Erin filed a Motion to Reconsider the trial court's May 10, 1999 order assuming jurisdiction, and requested that the trial court decline to further act in this cause because it lacked subject matter jurisdiction. After a hearing, the trial court denied Erin's motion.

Thereafter, following a two-dxay eviden-tiary hearing held on May 19 and May 831, 2000, the trial court entered its order modifying physical custody in favor of Bishop. Erin now appeals.

DISCUSSION AND DECISION

Erin argues that the trial court lacked jurisdiction to determine the custody of A. and B. because it failed to follow the jurisdictional provisions of the UCCJA. Specifically, Erin contends that the trial court failed to uphold its affirmative duty to question its jurisdiction when it discovered that the custody dispute had an interstate dimension.

The UCCJA sets out the method to determine jurisdiction. Williams v. Williams, 555 N.E.2d 142, 145 (Ind.1990). Under the UCCJA, an Indiana court has an affirmative duty to question its jurisdiction when it becomes aware of an inter[182]*182state dimension in a child custody dispute. Ashburn v. Ashburn, 661 N.E.2d 39, 41 (Ind.Ct.App.1996), trans. denied. The trial court must first determine whether it has jurisdiction, and, if it does, whether to exercise that jurisdiction. Id. In determining whether a trial court has improperly exercised jurisdiction under the UC-CJA, we apply an abuse of discretion standard. Moody v. Moody, 488 N.E.2d 378, 381 (Ind.Ct.App.1986). An abuse of discretion will occur when the trial court's decision is clearly against the logic and effect of the facts and cireumstances before the court, or if the court has misinterpreted the law. McCullough v. Archbold Ladder Co., 605 N.E.2d 175, 180 (Ind.1993). The jurisdictional portion of the UCCJA states:

Sec. 8. Jurisdiction. (a) A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if;
(1) this state (A) is the home state of the child at the time of commencement of the proceeding, or (B) had been the child's home state within six (6) months before commencement of the proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state;
(2) it is in the best interest of the child that a court of this state assume jurisdiction because (A) the child and his parents, or the child and at least one (1) contestant, have a significant connection with this state, and (B) there is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships;
(8) the child is physically present in this state and the child has been abandoned; or J

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Christensen v. Christensen
752 N.E.2d 179 (Indiana Court of Appeals, 2001)

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Bluebook (online)
752 N.E.2d 179, 2001 Ind. App. LEXIS 1235, 2001 WL 824263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christensen-v-christensen-indctapp-2001.