Legal Question in Family Law in Louisiana
My child's father and I both filed for joint custody, in two separate parishes. His petition went through first, and I was served papers after I had filed my petition. Does this mean I have to drop my case? If so, how would I do that?
Asked on 11/28/11, 6:50 am
2 Answer from Attorneys
Martha Amanda Mandi Lucas
Mandie Seale Lucas
The first one to file will prevail unless there are no ties to that jurisdiction. The correct court will be in the parish of the last marital domicile or where the children have been for a significant amount of time. You can have your action transferred or dismissed and then refiled in the court where filed first.
Answered on 11/30/11, 4:35 am