Case of the Week

Child Custody. Trial Court Had Jurisdiction To Render A Declaratory
Judgment Determining The Child’s Home State.

W left H & moved to Iowa with their son, X, in January 2002. The two
divorced a few months later. In 2003, H filed suit in the 245th District
Court to modify terms of the conservatorship of X. The court’s order
stayed the motions filed by H, declined jurisdiction, & deferred
jurisdiction to Iowa. Two months later, H filed bankruptcy; that court
stayed legal proceedings against H, including any suit affecting the
parent-child relationship. Unaware of the bankruptcy stay, W filed for
termination of H’s parental rights in district court in Iowa, alleging
failure to pay child support. After learning of the bankruptcy, W
dismissed the petition & requested that the bankruptcy court lift the stay
so she could pursue termination of H’s parental rights; it did so to
permit W to commence an action in the court that entered the divorce
decree (245th), or for that court to refer the matter to another forum
after conducting a hearing. W then filed suit for declaratory relief in
the 245th District Court, which rendered judgment that Iowa is the home
state of the child, declining jurisdiction to address conservatorship, &
awarding W attorney’s fees & expenses. On appeal, H argued the trial court
did not have subject matter jurisdiction to order the declaratory judgment
& that W did not have standing to pursue the action. Held: Affirmed as
modified.

The full-text court opinion is available at:
http://www.texasbarcle.com/CLE/CDGetOpinion.asp?lOpinionID=8563

Add comment February 16th, 2008