Kenneth Dale Carter v. Jessica Jones Fay

This appeal stems from a long-standing custody dispute between the mother and father of two minor children. The trial court entered a court-ordered parenting plan in February of 2022, but the parties experienced substantial difficulty co-parenting with one another. Numerous pleadings were filed by both parties, including a petition for modification filed by the mother in May of 2022 and motions for civil and criminal contempt filed by the father against the mother. The trial court held a hearing on all of the parties’ pending motions on April 14, 2023, and May 12, 2023. The trial court ultimately determined that no material change in circumstances occurred and left its previously ordered parenting plan and subsequent orders in place. The trial court also found the mother in civil and criminal contempt on eight counts. Further, the trial court declined any further jurisdiction over the case, as the mother and the children had resided in Florida for several years by the time the final order was entered. The father appeals, raising four issues. We affirm the trial court’s decision as to custody and contempt. While the father raises evidentiary issues, we conclude that any error by the trial court was harmless. We vacate and remand the trial court’s judgment as to continuing jurisdiction over the case.