Bradshaw v. Bradshaw
| Citation | 418 So.2d 64 |
| Decision Date | 11 August 1982 |
| Docket Number | No. 53356,53356 |
| Parties | Joe Barnett BRADSHAW v. Rosalynde Johnston BRADSHAW. |
| Court | United States State Supreme Court of Mississippi |
Holcomb, Dunbar, Connell, Merkel, Tollison & Khayat, William G. Willard, Jr., Clarksdale, for appellant.
Sullivan, Hunt, Spell, Shackelford & Henson, F. Ewin Henson, III, Clarksdale, for appellee.
Before WALKER, P. J., and BROOM and ROY NOBLE LEE, JJ.
This is an appeal from the Chancery Court of Tallahatchie County, Mississippi, wherein appellant's petition for modification of a divorce decree entered May 11, 1976, was dismissed for lack of jurisdiction. Aggrieved with the lower court's decision, appellant has perfected his appeal to this Court. We reverse and remand.
In 1976 Rosalynde Bradshaw, appellee, was granted a divorce from Joe Bradshaw, appellant, while both were residents of Tallahatchie County. Appellant was awarded custody of the couple's son while custody of their two minor daughters was awarded to appellee, both parties to have reasonable visitation privileges with the children.
On September 30, 1980, four months after appellee and her youngest daughter, Barbara Ann, had moved to the State of Florida, the appellant filed a petition for modification in the Chancery Court of Tallahatchie County, seeking custody of Barbara Ann on the basis that there had been a material change in circumstances since the original decree was rendered or in the alternative an interpretation of the term "reasonable visitation rights."
There is no question raised as to whether or not appellee was served with notice of the proceedings against her. On October 6, 1980, she acknowledged receipt of a copy of the order of publication to non-resident defendants sent by certified mail. Process was also secured pursuant to Mississippi Code Annotated section 13-3-19 (1972) by publication in the Sun Sentinel.
The chancellor, upon special appearance of appellee, quashed process of publication and dismissed appellant's petition for modification holding the court lacked jurisdiction to modify the original decree as the appellee and the couple's daughter became residents of the State of Florida prior to commencement of appellant's petition.
The appellant asserts the lower court rendering the original divorce decree retains jurisdiction to subsequently modify its custody order even after the custodial parent and child have moved from the State. We find appellant's assertion to be well taken. This matter is controlled by Campbell v. Campbell, 357 So.2d 129 (Miss. 1978), a case involving...
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Sanford v. Arinder, 2000-CA-00294-COA.
...jurisdiction to subsequently modify its custody order even after the parent and child have moved from the state. Bradshaw v. Bradshaw, 418 So.2d 64, 65 (Miss. 1982). Since the chancery court had personal jurisdiction over the parties, notice is all that is required for subsequent pleadings ......
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Vincent v. Griffin
...jurisdiction over the parties in matters concerning the divorce. Stowers v. Humphrey, 576 So.2d 138, 141 (Miss.1991); Bradshaw v. Bradshaw, 418 So.2d 64, 65 (Miss.1982); Reichert v. Reichert, 807 So.2d 1282, 1287(¶16) (Miss.Ct.App.2002) (citing Powell v. Powell, 644 So.2d 269, 274 n. 4 (Mis......
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Hunt v. Hunt
...jurisdiction to subsequently modify its custody order even after the parent and child have moved from the state. Bradshaw v. Bradshaw, 418 So.2d 64, 65 (Miss.1982). Bradshaw preceded the adoption of the UCCJA by this state; however, subsequent cases interpreting the UCCJA's jurisdiction sec......
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Hamilton v. Young
...Grumme v. Grumme , 871 So.2d 1288 (Miss. 2004) ; Dep't ofHuman Servs. v. Shelnut , 772 So.2d 1041 (Miss. 2000) ; Bradshaw v. Bradshaw , 418 So.2d 64 (Miss. 1982). What sets this action apart from those previously decided is the question of fact surrounding the apparent waiver of jurisdictio......