When Another State has Jurisdiction Over Your Custody and Support Case
March 20, 2017 § 2 Comments
John Hamilton and Kidron Young were divorced from each other in Muskingham County, Ohio. The 2010 judgment granted custody of the parties’ daughter to Young.
Young moved to Mississippi with the child and registered the Ohio divorce judgment with the Lee County Chancery Court per MCA 93-25-81 and 83, as a prelude to making the Ohio judgment enforceable to the same extent as a Mississippi judgment. The July 30, 2013, nunc pro tunc to July 15, 2013, court order accepting the Ohio judgment recited that the court took jurisdiction “of all matters relating to the minor child, including, but not limited to: custody, visitation and support, pursuant to Section 93-25-101.” The order directed that it was to be “spread upon the minutes” of the Ohio court.
Hamilton, meanwhile, had filed an action to modify aspects of custody in the Ohio court. On August 21, 2013, that court entered an order ruling that, because Hamilton still resided in Muskingham County, Ohio, that court retained jurisdiction over the custody issues. The court approved an agreed judgment between the parties.
In November, 2014, the court amended the judgment again on recommendation of the Muskingham County Department of Job and Family Services to reduce Hamilton’s child support.
Young then filed a complaint in Lee County Chancery Court for modification of the September, 2013, and November, 2014, Ohio judgments. Hamilton responded with a timely motion to dismiss based on Ohio’s exercise of continuing, exclusive jurisdiction and his continued residence in that state. Following a hearing the chancellor ruled against Hamilton because: (1) the chancellor had had a conversation with an Ohio judge prior to entry of the July, 2013, order in which the Ohio judge had relinquished jurisdiction; (2) Lee County had granted full faith and credit and assumed jurisdiction based on the conversation; and (3) the Ohio court’s August, 2013, ruling that it continued to have jurisdiction was undated, and, therefore, not proper.
Hamilton filed for an interlocutory appeal. In Hamilton v. Young, decided February 16, 2017, the MSSC reversed and rendered, sending the case for adjudication back to Ohio.
You can read Justice Beam’s decision, which is an excellent exposition of the law of jurisdiction in these cases, for yourself.
I just want to make a few points:
- Jurisdictional issues in custody and child support cases can be complex and confusing. My advice is to (1) read the statutes, and (2) Go to a source such as Bell on Mississippi Family Law for enlightenment. Although the law is fairly clear, how to apply it to the facts at hand is often anything but clear.
- To make a long story short, UIFSA provides that, if one of the parents continues to reside in the state that issued a child-support order, that state has continuing, exclusive jurisdiction as long as the parent continues to live there, unless the parties agree to let the state of the other parent assume jurisdiction. In this case, since there was no agreement, Ohio retained jurisdiction, even though the child no longer resided there.
- As for the UCCJEA, Ohio continued to have jurisdiction to modify its own judgments because Hamilton continued to live there. In order to have jurisdiction in Mississippi, the Ohio court would have had to have determined that Mississippi was the more convenient and proper forum, considering the factors in Ohio Code § 3127.21 (counterpart to MCA 93-25-207). Since that was never done, it was not proper for Mississippi to unilaterally assume jurisdiction.
- What about that conversation between the two judges alluded to by the chancellor in his ruling? At ¶21, the court points out that there is nothing in the record recording that conversation, and written findings are required by MCA 93-25-101(b). That sort of informal discussion without the proper, written findings is simply not enough. Hint: if the judge doesn’t do it, you need to volunteer to do it for him or her.
- The mere fact that you record a foreign judgment, even if no contest to the recording is made, is not enough to confer jurisdiction (¶¶22-25).