In Re Ku-Sg
702 S.E.2d 103
| N.C. Ct. App. | 2010Background
- Respondent-mother Sylvia G. appeals a trial court order terminating her parental rights to three children, vacating the order due to lack of UCCJEA jurisdiction.
- Initial custody determinations for the three juveniles were issued by the Pennsylvania court in Fayette County in 2002–2005.
- The children resided in North Carolina with petitioners since 2007, while respondent remained in Pennsylvania; a 2006 Guilford County NC consent order granted custody to respondent with petitioners having visitation.
- In 2009, petitions to terminate parental rights were filed in North Carolina; after hearings in early 2010, the NC trial court terminated rights, which the mother appealed.
- The court sua sponte scrutinized UCCJEA jurisdiction, concluding NC lacked subject-matter jurisdiction to terminate rights because the initial custody determinations were in PA and proper modification did not occur.
- The NC Court of Appeals vacated the termination order for lack of jurisdiction and did not reach merits on the facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NC had initial custody jurisdiction under § 50A-201 | Petitioners argue NC is the home state and has initial custody jurisdiction. | Respondent contends PA issued the initial custody orders and NC lacked initial jurisdiction. | NC lacked § 50A-201 jurisdiction; initial custody determinations were in PA. |
| Whether NC could modify a prior custody determination under § 50A-203 | Petitioners assert modification authority under § 50A-203 is satisfied. | Respondent argues statutory conditions for modification were not met. | Modification jurisdiction not established under § 50A-203. |
| Whether exclusive, continuing jurisdiction or other § 50A-203(2) grounds were satisfied | Petitioners rely on NC asserting continuing jurisdiction or relocation of residency. | Respondent remained in PA; no substantive loss of PA jurisdiction or residency shift documented. | Neither § 50A-202(a)(1)/(a)(2) nor § 50A-203(2) satisfied; NC lacked jurisdiction. |
Key Cases Cited
- In re N.R.M., 165 N.C.App. 294 (2004) (addressed when a NC court may modify another state's custody order under UCCJEA)
- J.W.S., 194 N.C.App. 439 (2008) (discussed home state and modification under UCCJEA §203)
- In re E.X.J., 191 N.C.App. 34 (2008) (noting temporary emergency jurisdiction does not authorize termination of non-resident parental rights)
- In re T.J.D.W., 182 N.C.App. 394 (2007) (explains two conditions for modification under UCCJEA §203)