Legal Question in Family Law in Louisiana
I've asked a question and I received a very specific answer, but I want to ask it again so I can let my lawyer know in case he may be able to assist me. I have a Judgment from LA, which states that I allow my former spouse to leave LA with my daughter, and I have 3 visitation periods yearly, and all visitation is to occur in that state. If I want to change the visitation schedule to a more frequent one, and I don't presently live in my former spouse's new home state, where he's resided after moving from LA in 2010, can my lawyer in LA assist me to file a motion for modification in LA, or do I have to take my LA Judgment to WI, docket it there, and proceed with the motion there?
1 Answer from Attorneys
What you are describing is very unusual and there must be a background story whereby you reached this decree. First, joint custody is considered in the best interest of the child. Anything less than this would have to be agreed upon or prove that this was in the child's best interest. It is also very unusual to place this type of burden on the non-custodial parent without agreement or very strong evidence that this is in the child's best interest. The court that was party to this decree has the most knowledge of why all this occurred, so it should be the best court to decide if changes should be made. Having said that, if the decree has language that Wisconsin should be the forum then you need to make your judgment executory in that state. If not, the LA court would still have jurisdiction, until it relinquishes it. The six month provision refers to custody matters being first determined where the child has resided for the past six months. Your matter has already been decided by a Louisiana court last year. I would assume the court here would have much greater knowledge of the reasons for this special decree. If this was merely an agreement between the parties, Wisconsin may be the better forum. The Louisiana court should first make the determination that it is a forum non conveniens.