JB v. AB
| Decision Date | 27 February 2004 |
| Citation | 888 So.2d 528 |
| Parties | J.B. v. A.B. |
| Court | Alabama Court of Civil Appeals |
Mary K. Simmons, Gadsden, for appellant.
Leon Garmon, Gadsden, for appellee.
J.B. appeals from the Etowah Juvenile Court's denial of his postjudgment motion.
C.E. ("the mother") was married to S.E. ("the former husband") for approximately nine years until their divorce in 1998. Following the divorce, C.E. had sexual relations with several men, including J.B. The mother gave birth to S.E.E. ("the child") on August 2, 2002; the father's name was listed as "unknown" on the child's birth certificate. Around the time of the child's birth, the mother and the former husband began cohabiting again; the couple have continued to cohabit (ostensibly in a common-law marriage) since that time. The mother, the former husband, J.B., and the child were all living in Missouri at the outset of this litigation.
In November 2002, DNA specimens were collected from the mother, J.B. and the child and genetic testing was performed on those specimens. The Kansas City Division of Child Support Enforcement received the test results on December 9, 2002; those results indicated that the former husband was not the biological father of the child and that J.B. was the biological father of the child. J.B. filed a petition to determine paternity, child custody, and child support in Missouri on December 31, 2002; however, no court in Missouri has ever issued a ruling regarding the paternity of the child. Moreover, during the pendency of this action, J.B. was accused of not having registered with the Missouri Putative Father Registry.
On December 11, 2002, A.B. (the former husband's sister) and F.B. (A.B.'s husband), both of whom are residents of Etowah County, filed a petition in Etowah Juvenile Court "for change of custody by consent." The petition was signed by A.B., F.B., and their adult son, C.B.; the child's mother had signed the petition on December 4, 2002. In pertinent part, the petition alleged:
The petition also stated that the mother was a resident of Kansas City, Missouri, and that she was involved in a common-law marriage with the former husband; the petition further indicated that, based on her personal circumstances and finances, the mother believed the best interests of the child would be served by changing custody of the child to A.B. and F.B.
At the time that that petition was filed, the mother and the child were living with the former husband in Missouri. J.B. was residing and continues to reside in Missouri. The Etowah Juvenile Court issued an order declaring the child to be dependent and awarding A.B. and F.B. temporary custody of the child on December 11, 2002.1 A.B. traveled to Missouri to pick up the child on December 14, 2002, and the child has remained with A.B. and F.B. since that time. The Missouri paternity action, which was filed by J.B. 17 days after A.B. picked up the child, has been stayed pending the resolution in Alabama of the issue of the jurisdiction of the Etowah Juvenile Court.
On April 7, 2003, when J.B. "discovered" the absence of the child from Missouri, he sent a letter to the Etowah Juvenile Court clerk requesting a copy of the court file in this case. Thereafter, J.B. filed a motion pursuant to Rule 60(b), Ala. R. Civ. P., for relief from the juvenile court's order.2 A motion to intervene was filed by the mother on June 27, 2003. The juvenile court heard arguments by counsel on both motions on June 27, 2003; however, no testimony was taken. Following the hearing, the juvenile court granted the mother's motion to intervene and denied J.B.'s Rule 60(b) motion. J.B. filed a timely appeal, arguing that the juvenile court erred when it denied his Rule 60(b) motion because the mother and child had been residents of Missouri at the time the juvenile court entered its December 11, 2002, custody order; therefore, he contends, the Alabama court did not have jurisdiction pursuant to § 30-3B-101 et seq., Ala.Code 1975, Alabama's version of the Uniform Child Custody Jurisdiction and Enforcement Act ("the UCCJEA"), to enter a custody order regarding the child.
Generally, it is within the trial court's discretion to grant or deny a Rule 60(b) motion; absent evidence of an abuse of discretion, the trial court's decision will not be disturbed on appeal. Snead v. Snead, 874 So.2d 568 (Ala.Civ.App.2003). If, however, the juvenile court that entered the custody order in this case lacked jurisdiction to enter that order, the order is void. See Snead, 874 So.2d at 571
(citing Image Auto., Inc. v. Kelley Enters., Inc., 823 So.2d 655 (Ala.2001)).3
The UCCJEA sets forth the criteria for deciding which state's courts will have jurisdiction to make a child-custody determination. Section 30-3B-201, Ala.Code 1975, provides the following:
(Emphasis added.)4
The record in this case clearly indicates that Missouri, not Alabama, was the home state of the child at the time of the commencement of this action. See § 30-3B-201(a)(1), Ala.Code 1975. Because Alabama was not the home state of the child, an Alabama court could not make an initial custody determination unless (1) the home state had declined to exercise jurisdiction, (2) the child and at least one parent had significant connections with the state, and (3) substantial evidence concerning the child's care, protection, training and personal relationships were available for the Alabama court's review. See § 30-3B-201(a)(2), Ala.Code 1975.
The juvenile court did not, however, assert jurisdiction under § 30-3B-201(a)(2). Rather, having determined that the home state of the child — Missouri — had no related action pending at the time of this custody hearing, the juvenile court proceeded to exercise jurisdiction over the mother and the child pursuant to § 30-3B-204, Ala.Code 1975, the provision of the UCCJEA that governs temporary emergency jurisdiction of child-custody petitions. We do not agree with the juvenile court that § 30-3B-204 conferred jurisdiction in that court in this case. That code section states, in pertinent part:
To continue reading
Request your trial
-
Stocks v. Stocks
...of the children to the custodians, this court must first determine for itself whether that judgment supports an appeal. J.B. v. A.B., 888 So.2d 528 (Ala.Civ.App.2004). A judgment entered by a lower court without subject-matter jurisdiction is void and will not support an appeal. Id. The tri......
-
Alves v. Board of Educ. for Guntersville
...that lacks subject-matter jurisdiction is void. See C.J.L. v. M.W.B., 868 So.2d 451, 454 (Ala.Civ.App.2003); see also J.B. v. A.B., 888 So.2d 528 (Ala.Civ.App.2004). Thus, the Zoning Board's decision to grant the Board of Education's request for a special exception to the city's zoning ordi......
-
Black Bear Solutions, Inc. v. State Dep't of Educ.
...A judgment entered by a court that lacks subject-matter jurisdiction is void. See C.J.L., 868 So. 2d at 454 ; see also J.B. v. A.B., 888 So. 2d 528 (Ala. Civ. App. 2004)." S.B.U. v. D.G.B., 913 So. 2d 452, 455 (Ala. Civ. App. 2005). The Department argues on appeal, as it did in its motion t......
-
J.H. v. N.H.
...A judgment entered by a court that lacks subject-matter jurisdiction is void. See C.J.L., 868 So. 2d at 454 ; see also J.B. v. A.B., 888 So. 2d 528 (Ala. Civ. App. 2004)." S.B.U. v. D.G.B., 913 So. 2d 452, 455 (Ala. Civ. App. 2005). The mother asserts in her brief to this court and in her l......