Jeanna Nicole Arnold v. Matthew Price
2011 Tex. App. LEXIS 10067
Tex. App.2011Background
- Arnold and Price married in Sept 2006 and separated by Dec 2006; they verbally remained intertwined until mid-2007.
- Price filed for divorce July 16, 2007, alleging Texas residence as last marital home and Texas jurisdiction proper; he sought sole managing conservatorship.
- Arnold answered but raised objection to jurisdiction over an unborn child; she did not file a special appearance.
- The child was born in California on Dec 7, 2007 and primarily resided with Arnold in California; Price’s access was brief.
- The trial court held a jury trial on conservatorship, appointing Price as sole managing conservator with alternating custody increments for the first three years, then standard possession orders.
- Arnold appeals, challenging personal jurisdiction and lack of subject matter jurisdiction under the UCCJEA, and the court sustains in part and dismisses in part for lack of subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had personal jurisdiction over Arnold. | Arnold contends no personal jurisdiction over her exists. | Price argues Arnold entered a general appearance by responding to petition. | Arnold’s personal-jurisdiction challenge is overruled. |
| Whether the trial court had subject matter jurisdiction to make initial child custody under the UCCJEA. | Arnold asserts the court lacked subject matter jurisdiction under UCCJEA. | Price asserts Texas has jurisdiction or valid exercise under UCCJEA. | Trial court lacked subject matter jurisdiction; dismisses conservatorship/custody portions for lack of jurisdiction. |
Key Cases Cited
- Waltenburg v. Waltenburg, 270 S.W.3d 308 (Tex. App.—Dallas 2008) (home-state priority; unborn-child would not confer jurisdiction; Texas becomes home state at birth)
- In re Brown, 203 S.W.3d 888 (Tex. App.—Fort Worth 2006) (UCCJEA exclusive jurisdiction; home-state rules)
- Powell v. Stover, 165 S.W.3d 322 (Tex. 2005) (subject-matter jurisdiction determined by UCCJEA; home state analysis)
- In re S.J.A., 272 S.W.3d 678 (Tex. App.—Dallas 2008) (home-state concept; prioritization under UCCJEA)
- Dawson–Austin v. Austin, 968 S.W.2d 319 (Tex. 1998) (general-appearance test; when appearance is general)