Aragorn LaFayette Earls v. Jill Andrea Mendoza

This appeal involves a post-divorce petition to modify a parenting plan. The parties divorced in Tennessee and agreed to a parenting plan that esignated the mother as the primary residential parent of their two minor children. By the time the divorce decree was entered, both parties had moved to New York.  Months later, the mother filed a petition in the Tennessee trial court seeking court approval to relocate with the minor children to Colorado. The mother also sought an increase in child support, and to recover a child support arrearage.  The father objected and filed a cross-petition in the Tennessee trial court to be designated as the primary residential parent. After a hearing, the Tennessee trial court granted the mother’s petition to relocate, increased the father’s child support obligation, and assessed a child support arrearage against the father. The father appeals. We hold that, under the Uniform Child Custody Jurisdiction and Enforcement Act, the Tennessee trial court did not have subject matter jurisdiction to adjudicate the mother’s petition to relocate or the father’s petition to change the designation of primary residential parent. We also hold that, under the Uniform Interstate Family Support Act, the trial court did not have subject matter jurisdiction to adjudicate the mother’s request for modification of child support. The trial court, however, retained jurisdiction to enforce the existing child support order. Therefore, we vacate the trial court’s order insofar as it modified the parenting plan and child support.