Thompson v. Thompson

526 S.E.2d 576, 241 Ga. App. 616, 2000 Fulton County D. Rep. 189, 1999 Ga. App. LEXIS 1593
CourtCourt of Appeals of Georgia
DecidedDecember 3, 1999
DocketA99A1293
StatusPublished
Cited by5 cases

This text of 526 S.E.2d 576 (Thompson v. Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Thompson, 526 S.E.2d 576, 241 Ga. App. 616, 2000 Fulton County D. Rep. 189, 1999 Ga. App. LEXIS 1593 (Ga. Ct. App. 1999).

Opinions

Phipps, Judge.

This is a child custody dispute which former spouses Tommy and Cynthia Thompson have litigated in the courts of Georgia and Florida. The Georgia court awarded permanent custody to the mother. The Florida court later changed custody to the father. We granted the mother’s application for discretionary appeal of an order of the Georgia court domesticating the Florida court’s custody modification award. Jurisdictional issues are raised under the Uniform Child Custody Jurisdiction Act (UCCJA), which has been enacted in both Georgia and Florida, and under the federal Parental Kidnapping Prevention Act (PKPA).

The parties were married in Florida in 1986. Later that year, they moved to Georgia where they had two children, one born in September 1986 and the other in September 1990. In June 1992, the family moved to North Carolina but then back to Florida between February 27 and March 1, 1994. After leaving North Carolina, the family resided in Florida until August 8, whereupon the mother took the children and moved to Georgia where her parents lived. According to the mother, she fled the marital residence in Florida to escape domestic abuse. According to the father, she simply absconded with the children.

On September 8, the mother instituted a separate maintenance proceeding in the Cherokee Superior Court. Among other things, she sought child custody. The father appeared in the proceeding and sought to dismiss based on lack of jurisdiction. On October 13, the father filed a divorce petition in the Circuit Court for Leon County, Florida. He too sought child custody. The mother answered the divorce petition and moved to dismiss for lack of subject matter jurisdiction. She also counterpetitioned for divorce and child custody. The Florida court was informed of the pendency of the Georgia action in both the divorce petition and counterpetition.

On November 16, the Georgia superior court entered an order finding that it had jurisdiction under the UCCJA. The court awarded permanent custody of the children to the mother with supervised visitation to the father at a location to be decided by the mother. This order was not appealed. In December 1995, the Florida circuit court entered a judgment finding that it had personal and subject matter jurisdiction in the divorce action and dissolved the parties’ marriage but deferred ruling on other issues. In February, the Florida court entered an order recognizing the existence of the custody award entered in the separate maintenance proceeding in Georgia but denying the mother’s motion to dismiss the Florida action. She did not appeal. In June 1996, the Florida court entered an order awarding [617]*617the mother temporary custody of the children, granting the father supervised followed by unsupervised visitation in Georgia during 20 alternating weekends, and reserving jurisdiction over child custody issues. In May 1998, the Florida court entered an order expanding the father’s visitation rights and allowing him to exercise them in Florida but providing that they would be supervised.

The mother then filed a complaint in the Cherokee Superior Court seeking a declaratory judgment as to the rights of the parties under the conflicting child custody orders entered in Georgia and Florida. Approximately two weeks later, the Florida court entered an order finding the mother in contempt of visitation orders it had entered within the prior month and in repeated violation of others. The court proceeded to award custody of the children to the father. A week later, the father filed a complaint in the Cherokee Superior Court seeking domestication of the Florida court’s custody modification order.

Initially, the Georgia superior court conducted a hearing at which it found that at present Georgia is probably the “home state” of the children under the UCCJA but stating that it would stay the actions filed by the mother and father while referring the matter to the Florida court for jurisdictional findings and recommendations. The Florida court later entered a judgment finding that UCCJA jurisdiction of this dispute was and is in Florida. The court adhered to its earlier decision to award child custody to the father, finding that this would be in the best interests of the children.

At a subsequent hearing, the Georgia superior court ruled that the mother is barred from contesting the jurisdiction of the Florida court because she was a party to the divorce proceeding and did not appeal the denial of her motion to dismiss. The court also determined that, at least under Georgia law, the divorce action superseded the separate maintenance proceeding. After considering a motion by the mother to stay domestication of the Florida judgment, the Georgia court held two additional hearings and then entered the order of domestication. Held:

Section 3 of the UCCJA provides that a state court which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree under four delineated circumstances.1 The first is when the state is or had been the “home state” of the child; the second is when the child and at least one of his parents has a “significant connection” with the state; the third is in an “emergency”; and the fourth is where no other [618]*618state has jurisdiction under prerequisites substantially in accord with the UCCJA and the state at issue is the more “appropriate forum” to determine child custody.2

A state is the home state of the child if the child and his parents or parent have lived in the state for at least six consecutive months.3 A state court has “home state” jurisdiction if it is the home state when the proceeding is commenced or had been the home state within six months before the commencement of the proceeding and the child is absent from the state because of his removal or retention by a parent or person claiming custody.4 “Significant connection” jurisdiction exists if the child and his parents or the child and at least one contestant have a significant connection with the state, and it is in the best interest of the child that the court assumes jurisdiction because there is available in the state substantial evidence concerning the present or future circumstances of the child.5 “Emergency” jurisdiction requires the physical presence of the child in the state coupled with abandonment or with actual or threatened mistreatment, abuse, or neglect.6 A state may be the “appropriate forum” where no other state has UCCJA-type jurisdiction or has declined to exercise such jurisdiction on the ground that the state at issue is the more appropriate forum and assumption of jurisdiction would be in the child’s best interest.7

Consequently, jurisdiction of a custody dispute under section 3 of the UCCJA is primarily based on the existence of a sufficient connection between the child or children and the state.8 The jurisdictional standards in subsection (c) of the PKPA9 are substantially the same as those in UCCJA section 3.

Where a state court has exercised or is exercising jurisdiction “consistently with” or “substantially in conformity with” the forego[619]*619ing jurisdictional standards, both subsection (g) of the PKPA10 and section 6 (a) of the UCCJA* 11

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

Related

Luke N. Bowman v. Chelsey Ann Bowman
Court of Appeals of Georgia, 2018
Bowman v. Bowman.
811 S.E.2d 103 (Court of Appeals of Georgia, 2018)
Tammie J.C. v. Robert T.R.
2003 WI 61 (Wisconsin Supreme Court, 2003)
Thompson v. Thompson
526 S.E.2d 576 (Court of Appeals of Georgia, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
526 S.E.2d 576, 241 Ga. App. 616, 2000 Fulton County D. Rep. 189, 1999 Ga. App. LEXIS 1593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-thompson-gactapp-1999.