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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 460
Experience:  Attorney with 13 years experience.
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When can you have a custody case moved to the Supreme Court?

Customer Question

When can you have a custody case moved to the Supreme Court?
History: Trial held in Baton Rouge, Louisiana ( East Baton Rouge Parish) Feb 2015
A petition to domesticate foreign judgement and make executory in Tangipahoa parish was filed in August 2015 and granted by East Baton Rouge Parish Family Court. In September of 2015 a motion to modify custody judgement due to a change in circumstances was filed in Tangipahoa Parish Court. Trial was held in Tangipahoa Parish and met the qualification to modify the previous trial judgement, which was made in the February 2015 trial held in East Baton Rouge Parish. The previous judgement split domicile between the parents giving the absent parent authority over the child's school only because he subs at schools. He placed the child in a school 2 hours away from where she resides to go back and forth daily to school. Tangipahoa ruled and made one parent full domicile and final decision maker on everything. The absent parent went back to Baton Rouge court and requested that they take the case back and null the current judgement in Tangipahoa Parish. Baton Rouge court judge stated that it is her case and refuse to give up jurisdiction or change her previous judgement. We have been in her court room 12 times over 3 years. This will be the 6th time this year alone. My question is which court has jurisdiction to modify the previous trial judgement from February 2015? The domiciliary parent remained the same in both trials and resides in Tangipahoa Parish. Also, both parishes is in the same state and at what point can it be transferred to the Supreme Court?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will tryto best answer your question.

The strongest claim for jurisdiction rest in the Baton Rouge Court if her order stated that the court is retaining jurisdiction. The thing that is unusual about your fact pattern is that no one objected to jurisdiction in Tangipahoa Court when motion to modify was filed. This could be a major problem and as one could argue jurisdiction was consented to inTangipahoa if it wasn't objected at the time of modification.

In regards ***** ***** appeal question, this case would be appealed next to the Court of Appeals in Louisiana, it can then be appealed to the Supreme Court of Louisiana and then finally to US Supreme Court if US Supreme Court would choose to hear it.

I hope this information is helpful and I wish you the best of luck.