Legal Question in Family Law in Louisiana
I'm hoping the lawyer I've retained in Louisiana is correct but to be sure I'll explain. He says that I cannot get modification of a custody and visitation order which was issued in LA if my child, now 17, has resided in another state over six months. He says he can only enforce the present order but if I want to change the visitation schedule, or deal with change in custody or child support issues, that has to be addressed in the child's new home state. Is he correct? If I reside outside of LA will that affect where the matter should be addressed as well? I would like to once and for all be clear about this.
2 Answers from Attorneys
The court where the judgment was obtained has jurisdiction until it has relinquished jurisdiction. If no parties reside in that jurisdiction, then it has become a forum non convenience and a motion to move the matter to a a court with more contacts to the parties would be appropriate. With one party establishing residency in a different state service becomes problematic. However, until the court with original jurisdiction relinquishes it, you have to file all pleadings in the original jurisdiction.
At age 17 in Louisiana your son is an adult for criminal purposes but not for civil purposes. Why would there be a need to worry about visitation/custody? At 17 he can make up his own mind unless, as I fear here, he is mentally deficient and therefore cannot say what he wants because his mental age does not match his chronological age. If that is the case, follow the money.
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