Joseph Mugisha v. Brianna McLeod

Summary

The Texas Court of Appeals, Third District, reviews an appeal from a default SAPCR order involving child support, conservatorship, and supervised visitation. The court concludes that the father waived his special appearance and submitted to Texas jurisdiction for UIFSA child-support purposes, but that the evidence was insufficient to support the calculation of his net resources and maximum-guideline child-support award. The court also concludes that the trial court lacked sufficient evidence to invoke the UCCJEA’s foreign-country human-rights exception and render a final custody order, and it affirms in part, vacates in part, and reverses and remands for further proceedings.

Holdings

1. Mugisha waived his special appearance by seeking relief at the plea-to-the-jurisdiction hearing without timely securing a ruling on the special appearance, thereby making a general appearance and submitting to Texas jurisdiction for UIFSA purposes.
2. The trial court abused its discretion by ordering child support at the maximum guideline amount because the evidence was insufficient to establish Mugisha's net resources.
3. The trial court lacked sufficient evidentiary support to exercise UCCJEA jurisdiction under section 152.105(c) and enter a final custody order; the custody portion of the order was reversed and vacated.

Questions Presented

1. Whether Mugisha waived his special appearance and thereby generally appeared for purposes of personal jurisdiction and UIFSA child-support jurisdiction.
2. Whether sufficient evidence supported the trial court's calculation of Mugisha's net resources and maximum-guideline child-support obligation.
3. Whether sufficient evidence supported the trial court's exercise of UCCJEA jurisdiction to enter a final custody and visitation order.
4. Whether the trial court properly determined that Uganda's child-custody law violated fundamental principles of human rights under Texas Family Code section 152.105(c).

Disposition

reversed_and_remanded