M.A.S. v. M.W.N.

820 A.2d 1274, 2003 Pa. Super. 124, 2003 Pa. Super. LEXIS 443
CourtSuperior Court of Pennsylvania
DecidedMarch 27, 2003
StatusPublished

This text of 820 A.2d 1274 (M.A.S. v. M.W.N.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.A.S. v. M.W.N., 820 A.2d 1274, 2003 Pa. Super. 124, 2003 Pa. Super. LEXIS 443 (Pa. Ct. App. 2003).

Opinion

OPINION BY

OLSZEWSKI, J.:

¶ 1 This is an appeal from the lower court’s dismissal of appellant’s petition for the involuntary termination of appellee’s parental rights for lack of jurisdiction. For the following reasons we affirm.

¶ 2 As stated by the court below in its filed opinion:

On June 13, 2001, [appellant] filed a Petition for Involuntary Termination of Parental Rights of [appellee], the biological Father of [BKN], a child born December 24, 1995. [Appellant] alleged, somewhat inarticulately, that [appellee] has “shown a repeated and continuous incapacity, abuse, neglect or refusal to properly parent the child since the child’s birth.” In addition, [appellant] alleged that [appellee’s] conduct has caused the child serious psychological trauma including, among other things, sexual abuse, failure to provide proper hygiene and failure to provide proper care for and comfort to the child.
Preliminary Objections, in the form of a demurrer, were filed by [appellee] on September 21, 2001. This resulted in [appellant] filing an Amended Petition for Involuntary Termination of Parental Rights on October 17, 2001. To this Amended Petition, [appellee] again filed Preliminary Objections raising the question of lack of subject matter jurisdiction in that, prior to the Mother’s termination petition being filed, there existed an ongoing custody proceeding then pending in the Circuit Court of the Eighth Judicial Circuit in and for Ala-chua County, Florida .... After oral argument on [appellee’s] Preliminary Objections was held, this Court entered an Order and Decree on March 4, 2002 denying and dismissing [appellant’s] Amended Petition for Termination of Parental Rights on the basis of this Court lacking appropriate jurisdiction. It was the finding of this Court that the Florida court in Alachua County had proper jurisdiction in this matter and [1276]*1276therefore jurisdiction was deferred to Florida for consideration of the custody and adoption petitions.

N.T. Opinion, 7/16/02, at 1-2. Our review of the record also reveals the fact that the court below assumed jurisdiction of this matter on April 10, 2001.

¶ 3 Appellant has assigned two errors to the court below: that it dismissed appellant’s petition and that it did so after assuming jurisdiction over the matter. As we find that the lower court could never have had jurisdiction, making the earlier assumption ineffective, the lower court properly dismissed this action.

¶4 Our standard of review of the trial court’s decision to decline jurisdiction under the Uniform Child Custody Jurisdiction Act (“UCCJA”) is an abuse of discretion. Black v. Black, 441 Pa.Super. 358, 657 A.2d 964, 966 (1995).

¶ 5 Attached to the lower court opinion is an “Order Denying Respondent’s Motion for Transfer of Jurisdiction and Venue from the Eighth Judicial Circuit of Florida in Alachua County.” The order, dated August 2, 2001, states:

1. This is not an initial proceeding to establish custody of a child in an interstate dispute, but rather an action brought by the Respondent [our appellant here] to modify a valid, previously entered Florida custody decree. The Court finds that florida [sic] continues to have sole jurisdiction over the child pursuant to Section 61.133 [sic], Florida Statutes (1999). This jurisdiction is supported by the Petitioner’s continuing residency in Florida and the holding in Lamon vs. Lamon [sic], 592 So.2d 1223 (Fla. 1st DCA 1992).
3. The Respondent’s various motions to transfer jurisdiction and venue, are hereby denied.

Opinion, 7/16/02, attachment. The Florida child custody statute referred to states, among other things, that the courts of that state “shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.” Fla. Stat. § 61.13(2).

¶ 6 The state case referred to is also instructive of the Florida court’s position. In Lamon, the parties were divorced in Georgia, and a custody order was entered there. The father stayed in Georgia with all the minor children and the mother moved to Florida. Eventually, one child moved to Florida to live with his mother, who subsequently filed to modify the custody order in a Georgia court. The Georgia court refused because the mother failed to appear at the hearing.

¶7 The mother then petitioned for a modification order in a Florida court. The Georgia court entered an order adjudicating the mother to be in contempt of court for violating its custody order; specifically held that it had jurisdiction of the parties and of the subject matter; and held that the mother was in violation of the UCCJA. In the end, the Florida trial court found that it had jurisdiction to make the modification, and did so. The father appealed, and the Florida Court of Appeal held that its lower court had erred when it assumed jurisdiction:

Only the court in the state where the initial custody order was entered should evaluate the contacts between the child and the states involved in determining whether the initial state should relinquish jurisdiction.... A second state may only exercise jurisdiction where the court of continuing jurisdiction (court where original custody order was rendered) expressly determines that its exercise of jurisdiction is no longer appro[1277]*1277priate or where virtually all contacts with the state of continuing jurisdiction have ceased.

Lamon v. Rewis, 592 So.2d 1223, 1225 (Fla.Dist.Ct.App.1992). Here, the court below found that the Florida court continued to retain exclusive jurisdiction over this custody dispute, and we are inclined to agree that such was the intent of its order.

¶ 8 The Pennsylvania version of the UC-CJA has a jurisdictional statute with a number of potential qualifying subsections. Under one of them, a court may assume jurisdiction of a child custody case if “it appears that no other state would have jurisdiction.” 23 Pa.C.S.A. § 5344(a)(4). The Florida court’s order makes it clear that it had, and intended to retain, jurisdiction. Appellant argues that this does not prevent the Pennsylvania court from assuming jurisdiction because the various qualifying subsections are separated by the word “or”1 and because she satisfied three other subsections.2 This, she argues, makes the Florida court’s retention of jurisdiction moot.

¶ 9 Appellant’s interpretation is not the statute’s intent. A uniform law enacted in the Commonwealth must be interpreted and construed to effect its “general purpose.” 1 Pa.C.S.A. § 1927. The Uniform Law Comments to subsection 5344(a)(4) of the UCCJA state that it “provides a final basis for jurisdiction which is subsidiary in nature. It is to be resorted to only if no other state could, or would, assume jurisdiction .... ” Id. at Uniform Law Comments. The intent of the uniform law, then, is to permit one state’s court to assume jurisdiction only if another state’s court has not or will not.

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Related

Lamon v. Rewis
592 So. 2d 1223 (District Court of Appeal of Florida, 1992)
Black v. Black
657 A.2d 964 (Superior Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
820 A.2d 1274, 2003 Pa. Super. 124, 2003 Pa. Super. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mas-v-mwn-pasuperct-2003.