170 So. 3d 165
La. Ct. App.2013Background
- M.T.B. and R.S.M. are biological parents of H.B. (born 2002) and Z.B. (born 2004); custody and visitation disputes occurred with Mississippi proceedings while the family resided in Mississippi, and Louisiana proceedings followed after R.S.M. married D.C.M. in 2007.
- In 2011, D.C.M. (stepfather) filed a petition for intrafamily stepparent adoption in Louisiana against M.T.B., who sought to terminate parental rights, while Mississippi pending custody/termination actions were ongoing.
- Mississippi Chancery Court had repeatedly addressed custody, visitation, and a potential termination of parental rights, with orders continuing Mississippi jurisdiction over custody and related issues.
- Louisiana juvenile court granted M.T.B.’s declinatory exception, holding that UCCJEA/related custody jurisdiction remained with Mississippi; Louisiana adoption could not proceed while custody issues persisted in another state.
- D.C.M. argues UCCJEA excludes adoptions from its scope, but the court held that the existence of ongoing custody litigation in another state defeats adoption under Louisiana law and the adoption exemption does not permit terminating a parent’s rights when Mississippi maintains jurisdiction.
- The Louisiana court affirmed the ruling, concluding that allowing intrafamily adoption would terminate M.T.B.’s parental rights contrary to Mississippi’s orders and the UCCJEA aims to prevent interstate custody disruption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether UCCJEA governs and prevents intrafamily adoption while another state has continuing custody jurisdiction | D.C.M. asserts UCCJEA excludes adoptions from its jurisdiction and does not apply to adoption proceedings | M.T.B. argues continuing Mississippi custody jurisdiction remains, and Louisiana cannot adjudicate adoption | Yes; the court held UCCJEA governs, and adoption jurisdiction should not override ongoing custody in another state. |
Key Cases Cited
- C.D.J. v. B.C.A., 74 So.3d 300 (La.App. 3 Cir. 2011) (adoption relief not allowed where ongoing custody litigation exists)
- In re Intrafamily Adoption of L.M.C., 39 So.3d 643 (La.App. 5 Cir. 2010) (supports that adoption exemptions do not apply amid ongoing custody disputes)
- In re Mulvihill, 56 So.3d 418 (La.App. 4 Cir. 2011) (cites limits of adoption rights where custody litigation is ongoing)
- Souza v. Superior Court, 193 Cal.App.3d 1304 (Cal. App. 1987) (staffed as authority on custody/visitation impact of adoption)
- Williams v. Bittel, 299 S.W.3d 284 (Ky.App. 2009) (recognizes ongoing custody issues and legislative action needed to close loopholes)
- Otwell v. Otwell, 56 So.3d 1232 (La.App. 3 Cir. 2011) (discusses de novo review of jurisdiction and UCCJEA applicability)
- Guzman v. Sartin, 31 So.3d 426 (La.App. 1 Cir. 2009) (cites jurisdictional treatment under UCCJEA)