Legal Question in Family Law in Louisiana

Re: Which states has the case and who is responsible for notification?

Your question is not an easy one. It

presents a CONFLICT IN LAWS issue, which is,

in laymen's terms, exactly what you ask, Which

state has the jurisdiction?

Your question also raises many more questions.

The least of which is, how long has your son

lived in Louisiana? Each state has a residency

requirement. If he has lived there long enough,

Louisiana could have jurisdiction. Louisiana, by

the way, follows -- I believe -- French law and

not English law, so you really do want to contact

a Louisiana atty.

But there is the UCCJA, which allows concurrent

jurisdiction. And . . . with the Interstate Child Custody and the Parental Kidnapping Prevention Act (PKPA),

Congress also adopted a continuous jurisdiction

scheme favoring the decree state.

So go to a local attorney, retain him or her to listen to all the details, see all your case-related documents, and research the issue for you. In determining whether to depart from the usual ground for exercising jurisdiction

-- requiring the children to be domiciled or

residing in the state -- the paramount

considerations are the welfare of the

children and whether their interests will be

effectively represented.

So given the remarkable number of

absences from school, you just mght have a shot in Mass even though your son lives in Louisiana.

Barbara C. Johnson, 978-474-0833, http://falseallegations.com