Czupil v. Jernigan

286 S.W.3d 753, 103 Ark. App. 132, 2008 Ark. App. LEXIS 559
CourtCourt of Appeals of Arkansas
DecidedSeptember 10, 2008
DocketCA 07-1253
StatusPublished
Cited by4 cases

This text of 286 S.W.3d 753 (Czupil v. Jernigan) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Czupil v. Jernigan, 286 S.W.3d 753, 103 Ark. App. 132, 2008 Ark. App. LEXIS 559 (Ark. Ct. App. 2008).

Opinion

Sam Bird, Judge.

Appellant Heather Dawn Czupil’s sole point on appeal is that the Crawford County Circuit Court erred in retaining exclusive, continuing jurisdiction over the parties and the subject matter of this case under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). She makes three arguments to support her contention that the circuit court either lacked subject-matter jurisdiction or abused its discretion in exercising its jurisdiction: (1) the parties’ child, S.J., who is the subject matter of this action, has no significant connection with this state because she was not bom in Arkansas, has never lived in Arkansas, and has lived outside of Arkansas with appellant for over ten years; (2) Arkansas is an inconvenient forum; and (3) the Arkansas court had no jurisdiction to make the initial child-custody determination and therefore has no jurisdiction now. We hold that the Arkansas court had no subject-matter jurisdiction to enter the initial child-custody determination regarding S.J. and therefore reverse the order of the circuit court.

Appellant and appellee, Gregory Thomas Jernigan, were married on March 9, 1996. They separated on July 31, 1996, and were divorced on April 24, 1997, by order of the Crawford County Chancery Court. 1 Although the parties lived in Fort Smith during their marriage, appellant left Arkansas after their separation and before S.J.’s birth. S.J. was born on November 6, 1996, in Georgia, where appellant was then living. While the record does not specify exactly how long S.J. and appellant lived in Georgia, an order modifying visitation entered in June 1999 indicates that they lived in Georgia at that time. Appellee testified that for the first several years after S.J. was born he visited her at appellant’s home in Georgia. Appellant and S.J. later moved to Texas, where they continue to live.

In the divorce decree, the court awarded custody of S.J. to appellant subject to appellee’s right to exercise reasonable visitation. In June 1999, the Arkansas court granted appellee’s motion to modify visitation so that it was governed by the court’s standard order regarding child visitation. On April 24, 2007, appellant filed a petition with the Crawford County Circuit Court to change “venue” from the circuit court in Crawford County to a court in Tarrant County, Texas, where she and S.J. live. She specifically asked the court to release jurisdiction over the case. This appeal arises out of the circuit court’s denial of appellant’s petition.

Child-custody jurisdiction is a matter of subject-matter jurisdiction. See Dorothy v. Dorothy, 88 Ark. App. 358, 360, 199 S.W.3d 107, 109 (2004) (citing Moore v. Richardson, 332 Ark. 255, 964 S.W.2d 377 (1998)). The UCCJEA is the exclusive method for determining the proper forum in child-custody proceedings involving other jurisdictions. Id. (citing Greenhough v. Goforth, 354 Ark. 502, 126 S.W.3d 345 (2003)). Subject-matter jurisdiction can be raised at any time by the parties or sua sponte by a court of review and cannot be conferred by the parties’ agreement, consent, or waiver. See, e.g., Zolliecoffer v. Post, 371 Ark. 263, 265 S.W.3d 114 (2007); Dorothy, supra; Larson v. Dunn, 474 N.W.2d 34, 39 (N.D. 1991). Subject-matter jurisdiction relates to the competence of a court to hear a matter, and custody determinations are status adjudications not dependent upon personal jurisdiction over the parents. Dorothy, 88 Ark. App. at 361, 199 S.W.3d at 110. Moreover, the fact that a state has subject-matter jurisdiction to enter a divorce decree does not necessarily confer jurisdiction to make a child-custody determination. Id. In Arkansas, the UCCJEA governs all custody cases having an interstate dimension even if jurisdiction over the dissolution action is undisputed, and it is not necessary to file a separate action under the UCCJEA to invoke its rules. Id.

At issue in this case is the following provision of the UCCJEA:

(a) Except as otherwise provided in § 9-19-204, a court of this state which has made a child-custody determination consistent with§ 9-19-201 or § 9-19-203 has exclusive, continuing jurisdiction over the determination until:
(1) a court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or
(2) a court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.

Ark. Code Ann. § 9-19-202(a) (Repl. 2008) (emphasis added).

We first address appellant’s argument that the Crawford County Chancery Court, which entered the parties’ divorce decree and the initial child-custody determination, did not have subject-matter jurisdiction because, under Ark. Code Ann. § 9-19-202(a), only a court “which has made a child-custody determination consistent with § 9-19-201 or § 9-19-203” has exclusive, continuing jurisdiction until it makes either of the two determinations set forth in subsections (1) or (2). Section 9-19-203 applies to jurisdiction to modify an order of another state and is not applicable to this case. Therefore, in order for the circuit court to have had exclusive, continuing jurisdiction it must have made an initial child-custody determination consistent with section 9-19-201.

The circuit court made an “initial child-custody determination” in 1997 in its decree of absolute divorce. In that order, the court awarded custody of S.J. to appellant subject to appellee’s right to exercise reasonable visitation. The UCCJEA was not enacted until 1999. The current UCCJEA provision found at Ark. Code Ann. § 9-19-201, which governs initial child-custody jurisdiction, replaced Ark. Code Ann. § 9-13-203, the provision in the Uniform Child Custody Jurisdiction Act (UCCJA) that governed jurisdiction for initial child-custody determinations. See Dorothy, 88 Ark. App. at 360, 199 S.W.3d at 109-110. Thus, any jurisdiction the circuit court had in 1997 to make an initial child-custody determination regarding S.J. must have derived from the following provision of the UCCJA:

(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 (i) is the home state of the child at the time of commencement of the proceeding, or (ii) 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 a parent continues to live in this state; or

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lowder v. Gregory
2014 Ark. App. 704 (Court of Appeals of Arkansas, 2014)
Adams v. Adams
2014 Ark. App. 67 (Court of Appeals of Arkansas, 2014)
University of Texas M.D. Anderson Cancer Center v. Baker
401 S.W.3d 246 (Court of Appeals of Texas, 2012)
Willis v. Nucor Corp.
282 S.W.3d 536 (Court of Appeals of Texas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
286 S.W.3d 753, 103 Ark. App. 132, 2008 Ark. App. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/czupil-v-jernigan-arkctapp-2008.