BEAM, JUSTICE, FOR THE COURT:
¶ 1. This interlocutory appeal arises from the registration of an Ohio-issued divorce decree in the Lee County Chancery Court and a subsequent petition for modification by the obligee, a Mississippi resident. Asserting the continuing and exclusive jurisdiction of the Ohio court in matters involving the modification and alteration of the decree, the obligor-father appeals the chancery court's denial of his motion to dismiss the obligee-mother's complaint for modification of the decree. Reviewing the procedural history and the facts of the case, we find that (1) neither the Ohio court nor the parties consented in writing to the transfer of jurisdiction, and (2) because evidence indicates that the
¶ 2. On July 10, 2010, the Court of Common Pleas in Muskingum County, Ohio, entered a judgment granting the divorce of Appellant John Hamilton and Appellee Kidron Wise Young. The judgment entry and divorce decree dissolved the parties' marriage and provided for the care, custody, control, and support of their minor child, Adelie Wise-Hamilton. Through the decree, Young received residential parent and legal custodian status with regard to Adelie. The decree made Hamilton the nonresidential parent with requirements to abide by a parenting schedule as outlined by the parties' separation agreement.
¶ 3. Some time after the divorce became final, Young and Adelie moved to Mississippi. Once settled, Young registered the 2010 divorce decree with the Lee County Chancery Court, in accordance with Mississippi Code Sections 93-25-81 and 93-25-83. By registering the decree with a Mississippi court, the order became enforceable in the same manner and subject to the same procedures as an order issued by a court in this state. Miss. Code Ann. § 93-25-85 (Rev. 2013). However, while the Lee County court gained the ability to enforce the decree, the registration did not authorize it to modify or amend the order as long as the Ohio court-the issuing tribunal-maintained jurisdiction. Id. Eight months later, but prior to an entry of registration by the court, Young amended her complaint to include a request that the court assume jurisdiction of the case pursuant to Mississippi Code Section 93-25-101.
¶ 4. In an order dated July 30, 2013, nunc pro tunc July 15, 2013, the Lee County Chancery Court registered the Ohio decree, granting full faith and credit to the judgment. Additionally, without elaboration, the court assumed jurisdiction "of all matters relating to the minor child including, but not limited to: custody, visitation, and support, pursuant to Section 93-25-101." The order was certified and shared to be "spread upon the minutes" of the Ohio court.
¶ 5. Less than one month later, on August 21, 2013, the Ohio court held a hearing on Hamilton's motion to modify parental rights and responsibilities. Without reference to the Lee County court's July 30th order, the Ohio court ruled that, because Hamilton still resides in Muskingum County, it maintains jurisdiction over all matters relating to Adelie. Finding that the parties had reached an agreement as to all issues presented, the court modified the original divorce decree to represent that the parties reside in separate states and entered an order reflecting the arrangement outlined in the judge's settlement memorandum. Signed by both parties and their attorneys, this memorandum modified the original parenting arrangement and its visitation schedule. Although not dated when signed, the order on this hearing was entered by the clerk of Ohio court on September 6, 2013.
¶ 7. Aggrieved, in May 2015, Young filed in Lee County Chancery Court a complaint for modification of the September 2013 and November 2014 Ohio orders. Hamilton then timely responded with a motion to dismiss the action based on the Ohio court's continuing, exclusive jurisdiction over the matter. Citing the Muskingum County court's September 2013 order, Hamilton asserted that because he continues to reside where the cause of action originated, the Ohio court maintains jurisdiction over matters involving Adelie. The Lee County Chancery Court held a hearing on the matter on August 12, 2015, and ultimately denied Hamilton's motion. Referencing a conversation held between the Lee County chancellor and the Ohio court prior to the July 2013 order, the court ruled that the Ohio judge had relinquished jurisdiction, upon which the Lee County Chancery Court assumed jurisdiction and granted full faith and credit to the Ohio divorce decree. The court also held that, although Hamilton referenced the September 2013 order as an indication of Ohio's continuing jurisdiction, that order was not dated and therefore not proper.
¶ 8. On appeal, Hamilton presents one issue and asks this Court:
In her response, Young presents two additional issues for review:
Because these issues contain mixed requirements for review, the standard of review for each issue is addressed, independently, prior to its analysis.
¶ 9. Jurisdictional questions involving divorce decrees, child-support agreements, and custodial arrangements are issues familiar to this Court, and several cases before today have asked similar questions. See Edwards v. Zyla, 207 So.3d 1232, 2016 WL 6822419 (Miss. 2016)(Motion for rehearing denied 2/2/17; mandate issued 2/9/2017); Grumme v. Grumme, 871 So.2d 1288 (Miss. 2004); Dep't of Human 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 jurisdiction by the Ohio court, and whether that apparent waiver effectively granted the Lee County Chancery Court authority over all issues related to the minor child. We hold that it does not.
¶ 10. While Hamilton asks the Court to review the jurisdictional issue under the Uniform Child Custody Jurisdiction and
¶ 11. "This Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." R.K. v. J.K., 946 So.2d 764, 772 (2007) (citations omitted). While the issue of "whether a court had jurisdiction under the UCCJEA to hear a child-custody dispute is a question of law, which we review de novo[, ...] the factual findings underpinning the jurisdiction question are reviewed under the familiar substantial-evidence and abuse-of-discretion standards." Clifton v. Shannon, 93 So.3d 70, 72 (Miss. Ct. App. 2012). Therefore, we review the issue of whether the chancellor properly assumed jurisdiction of this case under the UCCJEA and UIFSA using the de novo standard, while the facts of this matter are reviewed using substantial evidence and abuse of discretion standard.
¶ 12. In his July 2013 order, the Lee County chancellor made a factual determination which ultimately vested jurisdiction of this matter in his court. After conferring with the Ohio court, the chancellor concluded that Ohio had relinquished jurisdiction, making the Lee County Chancery Court the appropriate forum for all matters related to the minor child. Thereafter, the chancellor assumed jurisdiction for future proceedings and issued an order to that effect, without any discussion or written record of the meeting between the two courts. In light of the information in the record and the subsequent Ohio orders in September 2013 and November 2014, we find that the chancellor's uncorroborated assumption of jurisdiction in July 2013 is not enough to transfer the authority to modify an existing child support agreement from Muskingum County, Ohio, to Lee County, Mississippi.
Ohio Rev. Code Ann. § 3115.205 (emphasis added). Because "the purpose of UIFSA is to create certainty as to a single state that can modify the child support order," determination of continuing, exclusive jurisdiction and the authority to modify such judgments in Mississippi is analyzed under a multi prong statute. Grumme, 871 So.2d at 1290. The statute-Mississippi Code Section 93-25-101
¶ 13. As noted above, Hamilton has maintained continued residence in Muskingum County, Ohio, since the 2010 divorce decree was entered. Although Young and Adelie relocated to Mississippi, Hamilton's continued residence in Ohio fulfills the requirement for that state to maintain jurisdiction under UIFSA and Ohio Code Section 3115.205(A)(1). While the Lee County chancellor's July 2013 order asserts that his conversation with the Ohio judge vested
¶ 14. Under the UCCJEA, the process for a state to relinquish its jurisdiction on child-custody matters also is detailed through identical statutes in the Ohio and Mississippi codes. Mississippi Code Section 93-27-203 provides that "a Mississippi court `may not modify a child custody determination made by a court of another state unless' a Mississippi court `has jurisdiction to make an initial determination [of custody] under [Mississippi Code] Section 93-27-201(a) or (b)[.]' Thus, the first step in any analysis regarding a Mississippi court's right to modify another state's existing custody determination begins with determining whether a Mississippi court satisfies either Section 93-27-201(1)(a) or Section 93-27-201(1)(b)." Edwards, 207 So.3d at 1236, 2016 WL 6822419, at *3.
¶ 15. Here, the Lee County Chancery Court meets the initial requirement under Section 93-27-201(a). That section mandates that Mississippi be "the home state of the child on the date of the commencement of the proceeding." Miss. Code Ann. § 93-27-201(1)(a) (Rev. 2013). For Mississippi to be considered the home state of the child, Adelie must have "lived with a parent for at least six consecutive months immediately before the commencement of the custody proceeding." Edwards, 207 So.3d at 1236, 2016 WL 6822419 at *3, (citing Miss. Code Ann. § 93-27-102(g)). Because Young and Adelie moved to Mississippi soon after the 2010 divorce decree was entered and remained within the state consecutively for more than six months prior to the decree's registration in Mississippi, the Lee County court was correct in determining that Mississippi is Adelie's home state.
¶ 16. Having satisfied subpart (a) of Section 93-27-201, the analysis to determine whether Lee County had jurisdiction to modify the custody arrangement continues to Section 93-27-203. Part (a) of the statute provides that the chancellor could modify the custody determination if "the court of the other state determines it no longer has exclusive, continuing jurisdiction under [UCCJEA] Section 93-27-202, or that a court of this state would be a more convenient forum under [UCCJEA] Section 93-27-207." Miss. Code Ann. § 93-27-203(a) (Rev. 2013). Part (b) provides that if "a court of this state or a court of the other state determines that neither the child, the child's parents, nor any person acting as a parent presently does not reside in the other state," then a court of this state may assume jurisdiction to modify a child custody determination made by the court of the other state. Id. 93-27-203(b). As discussed below, Hamilton's continuing residence in Muskingum County causes the analysis to fail under both (a) and (b).
¶ 17. For part (a), the Act defines exclusive, continuing jurisdiction in Section 93-27-202,
¶ 18. In applying this rule to Section 93-27-203(a) and (b), the chancellor's assumption of jurisdiction was in error. Because Hamilton has not moved from Muskingum County since the divorce decree was entered, the Ohio court maintained continuing and exclusive jurisdiction over the case. Additionally, in looking to the second half of part (a), for Mississippi to be considered a more convenient forum, the Ohio court must at the very least have determined that the Lee County court was the proper forum based on the factors outlined in Ohio Code Section 3127.21.
¶ 19. Finding that the chancellor erred under the applicable statutes, we also find that he erred under relevant Mississippi caselaw. As explained above, the evidence in the record does not support the view that either the Ohio court or the parties agreed to relinquish jurisdiction to the Lee County court. The record includes no information regarding the conversation between the chancellor and the Ohio court, and there is no information indicating that the parties assented to the change. Without more, Mississippi caselaw fails to support the chancellor's actions.
¶ 20. While the issue before us is new to this Court, the Mississippi Court of Appeals, in Nelson v. Halley, 827 So.2d 42 (Miss. Ct. App. 2002), explained that consent to modify an order from another court which has exclusive jurisdiction is to be effected through a filed writing:
Halley, 827 So.2d at 49-50 (quoting Miss. Code Ann. § 93-25-101(1)(b) (Supp. 2001)).
¶ 21. Therefore, because Hamilton resides in the state with continuing and exclusive jurisdiction over this matter, and neither the parties nor the Ohio court consented-on the record-to transferring jurisdiction to the Lee County Chancery Court, the Ohio court neither waived nor relinquished its control over matters pertaining to the parties' divorce decree or the care of the minor child. For these reasons, we hold that the chancellor erred in denying Hamilton's motion to dismiss.
¶ 22. This Court employs a de novo standard of review when considering the appeal of a motion to dismiss. Johnson v. Thomas ex rel. Polatsidis, 982 So.2d 405, 409 (Miss. 2008). Likewise, it uses the same standard when determining questions of law including limitations issues, timeliness, and standing. Mitchell v. Progressive Ins. Co., 965 So.2d 679, 682 (Miss. 2007).
¶ 23. Following Young's registration of the decree and support order, Hamilton submitted to the personal jurisdiction of the court for purposes of enforcement of the decree and nothing more. Under UIFSA, "[t]he proper procedure to be followed by a foreign jurisdiction seeking enforcement of a child support order is to send a request for registration with the order to the appropriate tribunal in Mississippi. Miss. Code Ann. § 93-25-83 (Supp. 1999). A registered order `is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.'" Shelnut, 772 So.2d at 1044-45 (citing Miss. Code Ann. § 93-25-85(2) (Supp.1999)).
¶ 24. Further, a complaint for registration of a foreign child support judgment in Mississippi does not require a responsive pleading. Under Sections 93-25-81 and 93-25-83 of the Mississippi Code, registration of the order does not require that litigation be commenced. However, when combined with the request to modify a support order or visitation arrangement, the pleading must be answered or defenses are otherwise waived. See Miss. Code Ann. § 93-25-97. Here, Young's First Amended Complaint for Registration of Foreign Judgment and for Other Relief requested the chancery court to register the Ohio judgment, give that judgment full faith and credit, and assume jurisdiction over the matter. As detailed above, Ohio maintained "a sufficient interest in the modification of its order," preventing Mississippi from assuming jurisdiction spontaneously. Halley, 827 So.2d at 47. Accordingly, Hamilton had no reason to challenge the registration of the decree; and therefore, he had no need to object to the amended complaint.
¶ 25. Alternatively, Young argues that the Lee County court properly assumed jurisdiction, and the chancellor's determination that Mississippi is a more convenient forum under Mississippi Code Section 93-27-202 and 93-27-203 was appropriate. However, as previously discussed, the chancellor's failure to request consent of the parties or to document his finding on jurisdiction in the record preserved Ohio's control over this matter. See Halley, 827 So.2d at 52 (Court of Appeals found that the chancellor's custody modification under the UCCJEA was appropriate because it was recorded and signed by both parties and their counsel). Moreover, because the Lee County court did not properly assume jurisdiction over the matter, Hamilton cannot have waived his ability to challenge it. Therefore, finding that Young's request for registration did not require a response, and the chancellor's assumption of jurisdiction was improper, we hold that Hamilton's motion to dismiss was timely filed.
¶ 26. Whether the chancery court has jurisdiction to hear a particular matter is a question of law which this Court reviews de novo. Miss. Dep't of Human Servs. v. Watts, 116 So.3d 1056, 1058 (Miss. 2012). However, "the findings made by a chancery court sitting as a finder of fact are reviewed under the substantial evidence/manifest error standard. Shearer v. Shearer, 540 So.2d 9, 11 (Miss. 1989). This standard provides that the findings of the chancellor will not be reversed if supported by substantial evidence; or that the finding will be upheld unless manifestly in error." Stowers v. Humphrey, 576 So.2d 138, 140 (Miss. 1991). Because the chancellor independently made a factual, off-the-record, determination that Lee County was the more convenient forum the substantial-evidence standard applies to this issue.
¶ 27. As clearly outlined through the language of Mississippi Code Section 93-27-203 and the analysis provided under Issue I above, the chancellor's assumption of jurisdiction over this matter was not supported by the evidence and was manifestly in error. As the record fails to show that the Ohio court relinquished jurisdiction, or that the parties and the courts determined Mississippi was a more convenient forum,
¶ 28. The principle of comity suggests that "courts of one state or jurisdiction will give effect to laws and judicial decisions of another state or jurisdiction, not as a matter of obligation but out of deference and mutual respect." Comity, Black's Law Dictionary 267 (6th ed. 1990). This is the basic principle defining the constitutional requirement that state courts grant full faith and credit for the child-support and custody judgments of sister states. Laskosky v. Laskosky, 504 So.2d 726, 729 (Miss. 1987); see also U.S. Const. Art. IV § 1; 28 U.S.C.A. §§ 1738A, 1738B. Without evidence of the Ohio court's waiver of jurisdiction and the parties' consent to transfer jurisdiction to the Lee County court, the chancellor's assumption of jurisdiction and apparent disregard for the longstanding principle of comity cannot be affirmed. Therefore, because this Court finds that the chancellor erred in denying Hamilton's motion to dismiss, we reverse the judgment of the Lee County Chancery Court and render judgment in favor of Hamilton, dismissing Young's complaint for lack of jurisdiction.
¶ 29.
WALLER, C.J., DICKINSON, P.J., KITCHENS, KING, COLEMAN, MAXWELL AND CHAMBERLIN, JJ., CONCUR. RANDOLPH, P.J., NOT PARTICIPATING.
Miss. Code Ann. § 93-25-101(Rev. 2013).
Miss. Code Ann. § 93-25-101(1)(b) (Rev. 2013).