Legal Question in Family Law in Louisiana

Ruling made with an open exception out
I divorced in 2003 in Jefferson Parish, one child from the marriage. Never had custody plan signed by judge, just divorce signed. Moved to Terrebonne, remarried in 2004, had second child, wanted to change custody. Ex lives in JP still, everything 50/50, Friday-Friday. Child now 5 and situation too hard driving, etc. Filed in Terrebonne to modify custody-found out all I had was an informal agreement. Served ex to appear in court. Ex's attorney filed a motion to move venue-motion date 8 days before my court date. Then ex's atty rescheduled motion to 8 days after my court date. He nor his party showed up on my date and judgement ordered in my favor. At motion trial, motion was denied b/c there was no official court document and JP does not have juridiction. Ex's lawyer appealing, saying judgement should not have been made while open exception out. I think ex's atty tried to postpone my court case because school was starting the next week and ex wants situation to stay the same. Ex did not show up for either case and is not paying child support. When this custody case is appealed, does ex have a shot at winning? Does it sound like all was done proper? How does appeals court work? Sincerely, A.

Asked on 8/26/05, 6:25 pm

Nick Pizzolatto, Jr. Pizzolatto Law Office

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Re: Ruling made with an open exception out

Sounds like you are in great shape.

Answered on 8/29/05, 7:24 am

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