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Amber Ada Hernandez v. David Alan Hernandez

Tenn. Ct. App.July 30, 2019No. W2018-01388-COA-R3-CV

Case Details

Judge(s)
Judge Thomas R. Frierson, II
Status
Published
Procedural Posture
Appeal affirming trial court's grant of motion to dismiss for lack of subject matter jurisdiction

Related Laws

No specific laws identified for this ruling.

Outcome

Trial court dismissed father's petition for modification of parenting plan for lack of subject matter jurisdiction under UCCJEA because parties and child all resided outside Tennessee. Appellate court affirmed dismissal and clarified that the December 2016 temporary order was void upon dismissal.

Excerpt

This appeal involves a petition for modification of a permanent parenting plan. The initial permanent parenting plan order was entered by the McNairy County General Sessions Court ("trial court") in October 2006. In November 2016, the father filed a petition in the trial court, alleging that a material change in circumstance had occurred due to the mother's having been charged with aggravated statutory rape. The father concomitantly filed a petition requesting a temporary injunction granting him "emergency custody" and suspending the mother's co-parenting time. The mother filed a motion to dismiss the petitions, alleging that the trial court lacked subject matter jurisdiction because the parties and the child all resided outside of Tennessee. In December 2016, the trial court entered an "Order for Visitation," inter alia, modifying the father's holiday co-parenting time and directing that the mother's co-parenting time be supervised by her stepmother. Following a bench trial, the trial court granted the mother's motion to dismiss for lack of subject matter jurisdiction pursuant to Tennessee Code Annotated § 36-6-217 (2017) of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). The father has appealed. We affirm with one modification to the final judgment to clarify that with the trial court's dismissal of this action, the December 2016 temporary order was no longer of any effect.

What This Ruling Means

**What happened:** This case involved a family dispute over child custody, not an employment law matter. A father (David Alan Hernandez) tried to change a parenting plan from 2006, claiming his ex-wife (Amber Ada Hernandez) had been charged with a serious crime. He filed this request in a Tennessee court in 2016. **What the court decided:** The Tennessee courts dismissed the father's request entirely. The appeals court ruled that Tennessee had no authority to make decisions about this family because none of the people involved - the father, mother, or child - lived in Tennessee anymore. Under a law called the UCCJEA (which governs custody cases across state lines), Tennessee courts couldn't handle the case. The court also declared that a temporary order from December 2016 was invalid. **Why this matters for workers:** This case doesn't actually relate to employment law or workplace rights, despite being categorized as such. It's purely a family law dispute about custody jurisdiction. Workers won't find relevant guidance here about their employment rights, workplace protections, or employer-employee relationships. The case demonstrates how courts must follow jurisdictional rules, but this principle applies to family matters rather than work situations.

This summary was generated to explain the ruling in plain English and is not legal advice.

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