If you are adjudicated as the father of the child, and you have established residence in the State of Louisiana (6 months) or if no other state has jurisdiction, you may file for custody under the Louisiana laws. It is likely that the other parent will challenge that jurisdiction and claim that the proper jursuduction is in Honduras. To make that challenge, she would have to hire representation in Louisiana to argue that point in the Louisiana courts.
If the other parent knows where the child is, it would not fall under the Hague convention definitions cleanly. She would have to argue that abuse occurred. In that case, the hearing would be held in Louisiana.
Please click ACCEPT below.
Yes. If you have been a resident there your entire life, jurisdiction would lie in Lousiana.
Please click ACCEPT BELOW
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).