Legal Question in Family Law in Louisiana
Honoring Law from one state to another
I currently live in the state of Ohio and in the middle of a divorce. My husband has aggreed to allow me and the kids to move to Louisiana. I want full custody and he wants shared parenting. He is concerned that Louisiana law can override the aggreement made in Ohio and that I will petition the courts in Louisiana to have the case transferred. I am under the understanding that if it is written in the decree that Ohio will remain the citus and the case shall not be transferred, that this must be honored. My husband is now stating that he is not sure that Louisiana law will honor this. Can you tell me if Louisiana law will honor this and where could I find this in writing or the Code number that is attached to certain things. Please help!
3 Answers from Attorneys
Re: Honoring Law from one state to another
First, most states, including Louisiana, have adopted the Uniform Child Custody Jurisdiction Act (UCCJA). Ohio probably has also. This law controls what state has jurisdiction over a child custody matter. In Louisiana it is listed in the "Children's Code" but I do not have the Article number handy.
Second, and even more important, The "full faith and credit" clause of the U.S. Constitution plainly states that the court orders of one state shall receive "full faith and credit" in all of the states.
Re: Honoring Law from one state to another
I usually don't add to anything any of the other La. lawyers here may post. However, to clarify matters, under the UCCJA, once a child has been living in a state for 6 months or more, that state can then assume jurisdiction. Under full faith and credit, a state must honor the judgments of a sister state, however, once the judgment of another state is made executory in that state (whether its a La. judgment made executory in Ohio, or an Ohio judgment made executory in La.) the local judge can change it depending on the circumstances.
Re: Honoring Law from one state to another
All 50 states have adopted the UCCJA, so whichever state has the most significant "contacts" is who will usually take jurisdiction......I have argued this very case when the other person was in Ohio, so I know Ohio does honor it and in that case, Louisiana took custody even though the proceedings began in Ohio......HOWEVER, your soon to be ex should know that Louisiana favors JOINT CUSTODY, so that you would not be able to change your custody status to SOLE custody until and unless you prove that his having joint custody was against the best interests of the children.