J.H. v. J.W.
69 So. 3d 870
| Ala. Civ. App. | 2011Background
- Father filed paternity and custody petition in JU-08-540.01 on December 29, 2008; 2009 judgment awarded joint custody with mother as primary custodian.
- July 2009 PFA in circuit court led to temporary custody suspension of father and DHR protective supervision.
- July 29, 2009 juvenile court issued an order suspending father’s alternating custody indefinitely without a petition for modification.
- May 2010 mother filed a petition to modify custody; PFA orders and protective supervision referenced, with hearings continuing in JU-08-540.01.
- August 3, 2010 juvenile court awarded mother temporary custody with supervised visitation for father; father appeals asserting lack of jurisdiction.
- This Court holds the August 3, 2010 judgment void for lack of subject-matter jurisdiction and dismisses the appeal with instructions to vacate; future proceedings must occur in circuit court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the juvenile court have jurisdiction to enter the August 3, 2010 judgment? | Father contends lack of subject-matter jurisdiction. | Mother contends the court had emergency jurisdiction to protect the child. | No jurisdiction; judgment void; appeal dismissed. |
| Did the juvenile court have jurisdiction to modify custody via the July 29, 2009 order? | No petition for modification; court exceeded authority. | Emergency jurisdiction allowed modification in the circuit context. | Jurisdiction to modify in July 2009 lacked; improper under AJJA framework. |
| Does continuing emergency or supplemental orders affect finality of custody determinations? | Emergency orders could validly affect custody pending investigation. | Emergency proceedings did not authorize ongoing custody modification without proper procedure. | Emergency jurisdiction cannot sustain a final custody modification absent proper process. |
| Should the appeal be dismissed and the judgment vacated? | Appeal should proceed on merits. | Judgment void requires dismissal. | Appeal dismissed; instruct to vacate August 3, 2010 judgment. |
Key Cases Cited
- Ex parte L.N.K., 64 So.3d 656 (Ala. Civ. App. 2010) (cites limitations on continuing juvenile jurisdiction after paternity adjudication)
- Ex parte T.C., 63 So.3d 627 (Ala. Civ. App. 2010) (limits on juvenile court custody authority under the AJJA)
- R.T. v. B.N.H., 66 So.3d 807 (Ala.Civ.App. 2011) (emergency jurisdiction discussed in custody disputes)
- C.D.W. v. State ex rel. J.O.S., 852 So.2d 159 (Ala.Civ.App. 2002) (informs jurisdictional reach of juvenile court in paternity/child-support actions)