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Louisiana Motion and Order for Recognition and Enforcement of Out of State Custody Decree

State:
Louisiana
Control #:
LA-5395
Format:
Word; 
Rich Text
Instant download

Description

This is a Motion and Order for Recognition and Enforcement of Out-of-State Custody Decree filed by counsel for the petitioner in a custody dispute. The motion requests that the out-of-state custody decree be recognized by the court, the custody order be enforced and a civil warrant be issued to the appropriate sheriff’s department to take possession of the minor child and deliver her into the custody of the petitioner. An order granting the motion is included.
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  • Preview Motion and Order for Recognition and Enforcement of Out of State Custody Decree
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FAQ

The state making the decision is the child's home state. Jurisdiction typically lies in the child's home state, which is the state the child has resided with the parent for the six months prior to the legal action being brought. A state may also assume jurisdiction if the home state.

Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child's best interests.

When parents live in different states, one of the states will have jurisdiction over the custody arrangements.If you and the other parent do not agree on which state has jurisdiction over your custody arrangements, the Uniform Child Custody Jurisdiction and Enforcement Act determines which state has jurisdiction.

Jurisdiction in the courts of a particular state may be determined by the location of real property in a state (in rem jurisdiction), or whether the parties are located within the state (in personam jurisdiction).

Kentucky: A. Arizona: A- District of Columbia: B+ Iowa and Nevada: B. 6-9. Louisiana, Minnesota, South Dakota, Wisconsin ('B-') 1-2. New York and Rhode Island: F. 3-10. Connecticut, Indiana, Maryland, Mississippi, Montana, Nebraska, North Carolina, South Carolina :D-

If a parent moves a child out of state without court approval and against the other parent's wishes, that parent may face court sanctions, fines, jail time, and an amended custody arrangement that favors the non-moving parent. Custody arrangements can be complicated, and child custody laws will vary by state.

In this situation, the custodial parent will likely have to go to court and ask a judge for permission to move the child out-of-state.Typically, a parent can't move a child to another county or state without prior approval from the court that issued the original custody order.

Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there.Both parents should realize that visitation schedules may change as children age and their needs change.

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Louisiana Motion and Order for Recognition and Enforcement of Out of State Custody Decree