Case Law Supporting Child Staying in Home State
My question involves a child custody case from the State of: Louisiana
the child's mother is originally from Kansas and moved to La when she was pregnant with our child. When the child was 1 she left and took the kid back to Kansas and refused visitation for about 4 months until I took her to court in La and the judge ruled that our child would spend 1 month in Kansas and 1 month in Louisiana. My daughter is 3 and will be turning 4 in October and we are scheduled to go to court over domicilary custody for our daughter for school purposes. Neither parent has any issues that would make them unfit and I am looking for any case law supporting keeping the kid in the state where she was born. Does anyone know of any cases where this would support her staying in Louisiana?
Re: Case Law Supporting Child Staying in Home State
Quite honestly that judge was an ass for ordering such a rotten schedule for a child so young. It's going to be a toss-up how this ends; some judges will prefer to keep jurisdiction in the "home" state, and some won't care at all - they'll rule based upon best interests.
Re: Case Law Supporting Child Staying in Home State
I completely agree. The reason I am asking this question is that my lawyer said that the judge is asking for related case law, and I don't want to just wait only for the lawyer to do research, I was trying to see if I could locate anything on my own.
Re: Case Law Supporting Child Staying in Home State
Try Nexis, Google Scholar, Westlaw and the like.
But seriously? This is what you're paying your attorney to do. ;)