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Case Law Supporting Child Staying in Home State

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  • 07-19-2012, 06:09 AM
    themul56
    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?
  • 07-19-2012, 06:27 AM
    Dogmatique
    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.
  • 07-19-2012, 07:12 AM
    themul56
    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.
  • 07-19-2012, 07:23 AM
    Dogmatique
    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. ;)
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