Legal Question in Family Law in Louisiana

Transfer Joint Custody Order

The Divorde and Joint Custody Order were issued in the state of Louisiana. Neither parties live in that state any longer. Father lives in Florida - mother and child live in North Caroloina (all for more than 6 months). To make modifications to the Joint Custody Order, I have been advised that a transfer must first occur. But to which state, Florida or North Carolina?


Asked on 8/05/04, 4:45 pm

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Transfer Joint Custody Order

North Carolina.

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Answered on 8/05/04, 5:38 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: Transfer Joint Custody Order

Dear Law Guru Friend,

That Andy Casanave is a great lawyer, so I am sure he gave you good advice. My thinking is that your question is a good one, not so ealily answered by a run-of-the mill lawyer. My thinking is that first, the two paties, if they can agree on things, should just work up a joint stipulation and file the papers in the county and state where the domiciliary parent resides with the children. It makes more sense to me that the jurisdiction of the court should be based on where the domiciliary parent resides, than where the non-domiciliary parent resides. That's the best answer I can give. Now I will go and read Andy Casanave's answer and see what I can learn. Best of luck to both of you and to the child or children also!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 8/06/04, 8:50 am


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