Thomas v. Avant, 370 Ark. 377

Summary

The Arkansas Supreme Court affirmed a circuit court's exercise of exclusive, continuing jurisdiction over an interstate child-custody dispute under the UCCJEA and PKPA. The court held that Arkansas retained significant connections with the child and that the PKPA's continuing-jurisdiction preference preempted any conflicting state venue requirement. The court also rejected the appellant's challenge to venue in Clark County, Arkansas.

Holdings

1. The Arkansas circuit court retained exclusive, continuing jurisdiction because it had previously made child-custody determinations and had not determined that the statutory conditions for terminating that jurisdiction were satisfied.
2. T.B. maintained significant connections with Arkansas sufficient to support Arkansas's continued exclusive jurisdiction.
3. Thomas's challenge to Clark County venue failed because T.B. no longer resided in Arkansas, making the venue provisions of Ark. Code Ann. § 9-10-113 inapplicable to the interstate custody dispute.
4. The PKPA's preference for the state retaining exclusive, continuing jurisdiction preempted any conflicting application of the Arkansas venue statute.

Questions Presented

1. Whether the Arkansas circuit court retained exclusive, continuing jurisdiction under the UCCJEA and the PKPA after the child and custodial parent moved to Oklahoma.
2. Whether the child's significant connections with Arkansas supported continued exclusive jurisdiction.
3. Whether Clark County was a proper venue for the custody proceeding under Ark. Code Ann. § 9-10-113.
4. Whether the jurisdictional preference for exclusive, continuing jurisdiction under the PKPA preempted any conflicting Arkansas venue limitation.

Disposition

affirmed