Yeager v. Kittrell
| Docket Number: | 2008-CA-01783-COA Linked Case(s): 2008-CA-01783-COA ; 2008-CT-01783-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-01-2009 Opinion Author: CARLTON, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Child custody - Uniform Child Custody and Jurisdiction Enforcement Act - Transfer of jurisdiction - Section 93-27-201 - Section 93-27-207 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND MAXWELL, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 10-21-2008 Appealed from: WAYNE COUNTY CHANCERY COURT Judge: Franklin C. McKenzie, Jr. Disposition: TRANSFERED CHILD CUSTODY JURISDICTION TO TEXAS Case Number: 2003-298 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RHONDA YEAGER |
ERIC A. TIEBAUER, JR. |
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| Appellee: | DAVID KITTRELL | DAVID KITTRELL (PRO SE), MICHAEL DUANE MITCHELL | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Child custody - Uniform Child Custody and Jurisdiction Enforcement Act - Transfer of jurisdiction - Section 93-27-201 - Section 93-27-207 |
| Summary of the Facts: | When Rhonda and David Kittrell divorced, Rhonda was awarded full legal and physical custody of the couple's children, with David having limited visitation rights. Over the next decade, the parties filed numerous motions for contempt against the other. David eventually moved to Texas. the parties agreed to move the case to Wayne County Chancery Court. The parties determined this was a more convenient forum since the children resided in Wayne County with Rhonda. After the two children were removed from Rhonda’s custody because she had been using cocaine while the children were present in the home, the chancery court granted David temporary physical and legal custody of the children, and the children moved to Texas with David. The court determined that a material change in circumstances adversely affecting the best interests of the children had occurred, warranting modification of the custody agreement. The court awarded David permanent legal and physical custody. David filed a motion to transfer jurisdiction of the proceedings involving the children from Mississippi to Texas. The chancery court found Mississippi to be an inconvenient forum and relinquished jurisdiction to Texas. Rhonda filed a motion to reconsider. The District Court of Navarro County, Texas, entered an order establishing its jurisdiction over the children. In the order, the court modified David’s and Rhonda’s visitation rights, with David maintaining permanent physical and legal custody. The Wayne County Chancery Court denied Rhonda's motion to reconsider. She appeals. |
| Summary of Opinion Analysis: | Rhonda argues that the order releasing jurisdiction is unlawful under the UCCJEA. Under the UCCJEA, section 93-27-201, only one court may assert jurisdiction after an initial custody order has been entered. A court issuing an initial determination has continuing jurisdiction over the parties; no other court may modify the decree. However, even if only one party remains in the state, a second state may modify the order if the issuing court finds that neither the child, nor the child and one parent, have a significant connection with the state, and that substantial evidence is no longer available in the issuing state. In the present case, Mississippi had jurisdiction to make the initial child custody determination under section 93-27-201(1)(a) since, at the time of the initial determination, Mississippi was the home state of the children on the date of the commencement of the proceeding. Although the court states in its order transferring jurisdiction that Mississippi is an inconvenient forum under section 93-27-207, the transcript from the hearing is not part of the record. However, in applying section 93-27-207(2)(a) to the present facts, the record shows that the children suffered domestic violence while in Rhonda’s care. The children have lived in Texas with David since 2004, only returning to Mississippi for court-ordered visitation. Rhonda alleges that visitation is difficult because of the distance. However, the record reflects that David consistently drove the roughly eight-hour drive during his visitation weekends to see the children. All of the current evidence relevant to the determination of custody matters is located in Texas; most importantly, the children themselves, but also their school and health records, are located in Texas. Although the Wayne County Chancery Court is familiar with the facts and issues of the case, the Texas court possessed the current school and health records of the children. Thus, substantial evidence supports the finding that Texas was a more convenient forum than Mississippi. |
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