244 So. 3d 128
Ala. Civ. App.2017Background
- Mother M.B. has lived in Colorado for 15 years; child born Feb. 2014 in Colorado.
- Child taken into CDHS custody after mother's Jan. 2015 DUI arrest; 19 days in Colorado foster care.
- Custodians in Alabama agreed to take the child; custody placed with them on Jan. 29, 2015.
- May 10, 2015 pendente lite dependency order awarded custody to custodians; mother granted visitation.
- Mother filed a petition for return of custody on June 30, 2016; ore tenus hearing held; February 14, 2017 judgment
- Judgment found the child dependent, custody to custodians, and the action closed; appeal timely and later remanded for jurisdiction review
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Alabama have jurisdiction under the UCCJEA to make an initial custody determination? | M.B. contends Alabama lacked a home state and proper jurisdiction. | Custodians maintain Alabama could exercise jurisdiction under UCCJEA criteria or that Colorado actions may have given concurrent jurisdiction. | Reversed and remanded for a jurisdiction determination under the UCCJEA |
| Was the dependency judgment properly grounded in a valid exercise of subject-matter jurisdiction? | Lack of jurisdiction defeats the dependency finding. | Record supports dependency under ongoing proceedings; jurisdiction later to be resolved. | Remand for jurisdiction determination; not decided on merits |
| Could emergency-jurisdiction § 30-3B-204 validate the dependency order? | Emergency jurisdiction could have justified temporary custody actions. | Emergency jurisdiction cannot adjudicate dependency and must follow proper procedures. | Not determinative; jurisdictional record incomplete; remand |
Key Cases Cited
- D.G. v. K.H., 155 So.3d 242 (Ala. Civ. App. 2013) (court cannot assume jurisdiction in limited-jurisdiction matters)
- K.R. v. Lauderdale Cty. Dep't of Human Res., 133 So.3d 396 (Ala. Civ. App. 2013) (jurisdictional issues may be noticed ex mero motu)
- M.B.L. v. G.G.L., 1 So.3d 1048 (Ala. Civ. App. 2008) (UCCJEA home-state analysis and jurisdiction considerations)
- Ex parte Siderius, 144 So.3d 319 (Ala. 2013) (construction of home-state definition under UCCJEA)
- J.D. v. Lauderdale Cty. Dep't of Human Res., 121 So.3d 381 (Ala. Civ. App. 2013) (emergency-jurisdiction limitations in UCCJEA)
- D.B. v. Coffee Cty. Dep't of Human Res., 26 So.3d 1239 (Ala. Civ. App. 2009) (jurisdictional evidence essential to sustain custody orders)
- M.J.P. v. K.H., 923 So.2d 1114 (Ala. Civ. App. 2005) (remand for jurisdictional analysis when invoking UCCJEA)