725 S.E.2d 132
S.C. Ct. App.2012Background
- Father and Child’s mother initially had Georgia custody decree awarding Mother full custody with Father visitation and drug testing requirements.
- Mother later moved to South Carolina with Child; Stepfather sought adoption in SC and Father sought to contest jurisdiction.
- Georgia ordered temporary suspension of Father’s visitation; Georgia actions did not modify custody in SC before TPR action began.
- SC family court ruled SC could hear TPR/adoption and terminated Father’s rights, granting Stepfather adoption.
- Stepfather argued Georgia retained exclusive, continuing jurisdiction under PKPA/UCCJEA; SC court nonetheless asserted jurisdiction and terminated rights.
- This SC appeal challenges the court’s jurisdiction and seeks reversal of the termination and adoption order to preserve Georgia’s custody jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Georgia had exclusive, continuing jurisdiction | Stepfather asserts Georgia remained home state with continuing jurisdiction | Father contends SC can hear modification due to lack of Georgia continuity | Georgia had exclusive, continuing jurisdiction; SC could not modify |
| Whether PKPA/UCCJEA apply to a TPR/adoption action | PKPA/UCCJEA apply to custody-related actions including TPR/adoption | Not explicitly clear, but jurisdictional rules apply to custody proceedings | PKPA and UCCJEA apply to this case as TPR/adoption relate to custody proceedings |
| Who bears burden to prove jurisdiction under UCCJEA in SC | Burden on Stepfather to show Georgia no longer has jurisdiction | SC bears burden to prove its jurisdiction over initial custody | Stepfather bears burden to prove Georgia no longer has jurisdiction |
| Whether SC may modify Georgia’s custody decree given Georgia’s continuing jurisdiction | SC could modify if SC is more convenient forum or Georgia declined jurisdiction | Georgia has exclusive, continuing jurisdiction; SC cannot modify | SC cannot modify; must defer unless Georgia declines or conveys convenience |
Key Cases Cited
- Clay v. Burckle, 369 S.C. 651 (Ct.App. 2006) (PKPA/UCCJEA apply to interstate custody disputes)
- Russell v. Cox, 383 S.C. 215 (Ct.App. 2009) (full faith and credit to initial custody decree; home state principle)
- Brookshire v. Blackwell, 384 S.C. 333 (Ct.App. 2009) (PKPA/UCCJEA interplay; issuing state has continuing authority)
- Brandt v. Brandt, 268 P.3d 406 (Colo. 2012) (out-of-state modification requires showing issuing state lost jurisdiction)
- Doe v. Baby Girl, 376 S.C. 267 (2008) (PKPA considerations; initial decree and home state)