Falco Adkins v. Falco Antapara

850 S.W.2d 148, 1992 Tenn. App. LEXIS 996
CourtCourt of Appeals of Tennessee
DecidedDecember 17, 1992
StatusPublished
Cited by5 cases

This text of 850 S.W.2d 148 (Falco Adkins v. Falco Antapara) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Falco Adkins v. Falco Antapara, 850 S.W.2d 148, 1992 Tenn. App. LEXIS 996 (Tenn. Ct. App. 1992).

Opinions

OPINION

SANDERS, Presiding Judge,

Eastern Section.

The Petitioner appeals from a chancery court decree dismissing her petition for custody of the two minor children of the Petitioner and Respondent.

Petitioner-Appellant, Frankie Gayla Fal-co Adkins, (Mrs. Falco) and Respondent-Appellee Carmello Falco Antapara (Mr. Fal-co) were married in Tennessee in 1975. Mr. Falco is a native and citizen of Panama. Shortly after their marriage, the Fal-cos moved to Panama City, Panama, where they both lived continuously until January 17, 1992. They have two children, who are the subject of this lawsuit. Both children were born in Panama and are citizens of both Panama and the United States. In Panama, Mrs. Falco had worked as a civilian employee of the United States Army for 15 years. Mr. Falco currently owns and runs a jewelry business in Panama City. They sent their children to an “American” school run by the Department of Defense.

From the record, it appears the couple had a good marriage, with the only problem being Mrs. Falco’s desire to return permanently to the United States with her entire family due to what she perceives as unsafe living conditions in Panama. Mrs. Falco does not allege Mr. Falco is an unfit parent or a bad husband.

On January 17, 1992, Mrs. Falco picked up the two children, ages five and eight, from school in Panama and flew to Tennessee. She did this without the knowledge or consent of her husband. Planning for her departure, Mrs. Falco had requested and received a transfer of her employment to Ft. Richie, Maryland. Furthermore, she had arranged for the Department of Defense to pay for Mr. Falco’s moving expenses as well, including the costs associated with selling their home in Panama. Mr. Falco, however, refused to move to the United States.

Upon their arrival in the United States, Mrs. Falco took the children to her mother’s home in Oliver Springs, Tennessee. On January 23, 1992, she filed a petition for custody of the children in the Anderson County Chancery Court. She relied on the Tennessee Uniform Child Custody Jurisdiction. Act (UCCJA) § 36-6-201, et seq., as grounds for jurisdiction in the Tennessee court. She alleged she feared her husband would come to Tennessee and abscond with the children, using their Panamanian passports. She requested she be given sole custody and Mr. Falco be denied any visitation privileges until he surrendered the children’s Panamanian passports to the court. She also filed an affidavit asserting, among other things, that she left Panama with her children out of “fear for our safety in the corrupt and chaotic conditions in Panama.” She stated her home had been burglarized in Panama City despite having iron bars on the windows; her next-door neighbor’s house was robbed by men carrying machine guns; “everywhere one goes, one sees armed private guards with machine guns”; and the economic situation has worsened since the American invasion in “Operation Just Cause”. She said she considered initiating custody proceedings in Panama but was advised by Panamanian attorneys to do so in the United States. She said her husband spent a great deal of time in Miami on business; she begged her husband to leave Panama but he refused. Further, she stated she would be moving to the Ft. Richie, Maryland, area effective February 10, 1992.

[150]*150The court granted Mrs. Falco temporary-custody of the children and ordered a show cause hearing for Mr. Falco to show why temporary custody should not continue in Mrs. Falco.

Mr. Falco, however, had already petitioned the Juvenile Court of Panama, on January 21, 1992, for custody of the two children. On February 12, 1992, the Panamanian court entered a “resolution” (order) requiring Mrs. Falco to return the children to Panama and granting Mr. Falco temporary custody. The Panamanian court found Panama was the children’s “habitual residence” for purposes of .custody jurisdiction. The court based its finding on various documents including the children’s school progress reports, certification of their doctor, honors certificates, etc. The “resolution” also took notice of the pending action in Tennessee. The “resolution” was basically akin to the temporary custody decree Mrs. Falco received in Tennessee.

Mr. Falco then moved to dismiss the Tennessee custody proceedings, asserting that under the Tennessee UCCJA, the trial court did not have jurisdiction and if it did, the court should decline to exercise it. Mr. Falco further filed motions urging the court to recognize the Panamanian decree. He also filed an affidavit denying conditions in Panama were as chaotic as Mrs. Falco described. He also stated his wife did not tell him she planned to transfer to Ft. Richie, Maryland, and his wife was now living in Maryland and thus had no valid nexus to Tennessee.

The chancery court granted Mr. Falco’s motion to dismiss, stating: “[T]he Court finds that the ‘home state’ of the minor children of the parties, as defined by T.C.A. § 36-6-205(5), is the Republic of Panama, where the children resided within the period of six (6) months before commencement of this action; that the Republic of Panama is proceeding upon the father’s Petition for Custody and has not relinquished its jurisdiction; that the State of Tennessee has no significant connection with the dispute underlying this cause, nor is there available in this state substantial evidence concerning the children’s present or future care, protection, training and personal relationships; that, therefore, this Court lacks subject matter jurisdiction of this cause; that even if the Court had subject matter jurisdiction, this Court would be an inconvenient forum to litigate this dispute; and that as a result the Motion to Dismiss should be sustained.”

Mrs. Falco has appealed, saying the sustaining of the motion to dismiss was in error. She insists no “state,” as defined under the UCCJA, has jurisdiction and it would be in the best interests of the children if Tennessee would assume jurisdiction.

We cannot agree, and affirm for the reasons hereinafter stated.

Tennessee enacted its version of the UCCJA in 1979. Among the UCCJA’s stated general purposes are to:

(1) Avoid jurisdictional competition and conflict with the courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well being;
(2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child;
(3) Assure that litigation concerning the custody of the child take place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning the child’s care, protection, training, and personal relationships is most readily available, and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another state;
* * * * * *
(5) Deter abductions and other unilateral removals of children undertaken to obtain custody awards.
(6) Avoid re-litigation of custody decisions of other states in this state as far as feasible;
[151]

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

Related

Garg v. Garg
881 A.2d 1180 (Court of Special Appeals of Maryland, 2005)
Marcus v. Marcus
Court of Appeals of Tennessee, 1999
Marcus v. Marcus
993 S.W.2d 596 (Tennessee Supreme Court, 1999)
Matter of Marriage of Horiba
950 P.2d 340 (Court of Appeals of Oregon, 1997)
Falco Adkins v. Falco Antapara
850 S.W.2d 148 (Court of Appeals of Tennessee, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
850 S.W.2d 148, 1992 Tenn. App. LEXIS 996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falco-adkins-v-falco-antapara-tennctapp-1992.