475 S.W.3d 573
Ark. Ct. App.2015Background
- In 2009 Lonoke County (Arkansas) appointed guardians for REN when her parents were incarcerated; guardianship later transferred in 2013 to Shannon and Rocky Burton.
- REN moved to and lived with the Burtons in DeSoto County, Mississippi, beginning February 2013; the Burtons filed for adoption in Mississippi and pursued termination of parental rights there.
- Ruth Newkirk (grandmother) filed for visitation in Lonoke County; the Burtons moved to dismiss and alternatively asked the Arkansas court to decline jurisdiction as an inconvenient forum.
- After Ruth refiled and sought to intervene, the circuit court held a hearing and determined, under Ark. Code Ann. § 9-19-207 (UCCJEA), that Lonoke County was an inconvenient forum and deferred the adoption matter to DeSoto County, Mississippi.
- The court stayed the Arkansas guardianship pending the Mississippi adoption; it provided that jurisdiction would revert to Arkansas if the Mississippi adoption were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arkansas abused its discretion by declining to exercise jurisdiction and deferring to Mississippi under the UCCJEA | Newkirks: Arkansas retained significant connections and evidence; relatives live in Arkansas; moving forum burdens parent (David) in Arkansas | Burtons: REN and guardians live in Mississippi; evidence about REN’s care and relationships is in Mississippi; Arkansas is an inconvenient forum | Court affirmed: no abuse of discretion in deferring jurisdiction to Mississippi under §9-19-207 |
| Whether Ruth had standing/intervenor status to seek visitation in the guardianship proceeding | Ruth: sought visitation and later moved to intervene after initial denial | Burtons: Ruth had not been granted intervenor status initially and lacked standing | Trial court found Ruth initially lacked intervenor status but allowed refile; the jurisdiction deferment ruling rendered the primary dispute to Mississippi (no appellate reversal) |
Key Cases Cited
- Wilson v. Beckett, 95 Ark. App. 300 (2006) (standard of review for declining jurisdiction is abuse of discretion)
- Greenhough v. Goforth, 354 Ark. 502 (2003) (UCCJEA is exclusive method to determine interstate child-custody jurisdiction)