Miller v. Mills


<- Return to Search Results


Docket Number: 2009-CA-01895-COA

Court of Appeals: Opinion Link
Opinion Date: 05-03-2011
Opinion Author: Maxwell, J.
Holding: Reversed and rendered.

Additional Case Information: Topic: Child custody - Jurisdiction - UCCJEA - Notice - Home state of child
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and Carlton, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - CUSTODY

Trial Court: Date of Trial Judgment: 10-28-2009
Appealed from: Warren County Chancery Court
Judge: Vicki Barnes
Disposition: Denied Miller's Motion to Strike Affidavit and Dismiss Registration of Foreign Custody Order
Case Number: 2009-234GN

  Party Name: Attorney Name:  
Appellant: Delisa Dale Miller




MARK W. PREWITT



 

Appellee: Ryan E. Mills VICKI VINING BAKER  

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.

Topic: Child custody - Jurisdiction - UCCJEA - Notice - Home state of child

Summary of the Facts: Delisa Miller and Ryan Mills began living together in Madison Parish, Louisiana. They had two children together, a son born in July 2007 and a daughter born in September 2008. According to Delisa, she and the children moved to Vicksburg, Mississippi, on January 31, 2008. But Ryan’s child-custody petition alleges that Delisa and the children moved to Mississippi in December 2008, when Ryan went to prison. After his release, on July 14, 2009, Ryan filed a petition in Madison Parish to establish parentage, to obtain custody, and for visitation. Ryan’s attorney via certified mail sent a copy of the petition to Delisa’s Mississippi address. A short time later, Delisa filed a petition for sole custody in the County Court of Warren County, which referred the matter to the Warren County Youth Court. The youth court dismissed Delisa’s petition, finding that Louisiana already had jurisdiction. The Louisiana court held a hearing on Ryan’s petition. Delisa did not appear at this hearing. The Louisiana court determined it had personal jurisdiction over Delisa and entered a judgment granting Ryan temporary visitation. The visitation order recognized that the children were living in Mississippi and authorized Ryan to pick up and return them to Warren County. Ryan filed in the Warren County Chancery Court a notice of registration of the Louisiana visitation order. Delisa filed a motion contesting the registration. The chancery court entered a final judgment denying Delisa’s motion, and Delisa appeals.

Summary of Opinion Analysis: Both Louisiana and Mississippi have adopted the UCCJEA. Under the statutes of both states, child custody proceeding means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. A child custody determination means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. Therefore, Ryan’s filing of a petition to establish parentage, custody, and visitation initiated a “child custody proceeding.” And the resulting temporary visitation order was a “child-custody determination” requiring UCCJEA jurisdiction. The UCCJEA imposes a duty on Mississippi courts to enforce Louisiana’s (or any other state’s) child-custody determination if Louisiana exercised jurisdiction in substantial conformity with the UCCJEA or the determination was made under factual circumstances meeting the jurisdictional standards of the UCCJEA. Neither the Warren County Chancery Court nor the Louisiana court addressed the UCCJEA’s jurisdictional standards. UCCJEA jurisdiction requires not only providing sufficient notice to out-of-state parents but also, more important, that Louisiana was the children’s “home state.” While the record supports a finding that Delisa was sufficiently notified, it does not support a finding that Louisiana was the children’s “home state” or that another basis for jurisdiction applied. There are conflicting assertions by Ryan and Delisa, both of which weigh against Louisiana having home-state jurisdiction.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court