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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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MY HUSBANDS SON IS LIVING WITH HIS AUNT AND SHE HAS FILED

Customer Question

MY HUSBAND'S SON IS LIVING WITH HIS AUNT AND SHE HAS FILED FOR LEGAL CUSTODY AND CHILD SUPPORT. WE LIVE IN TX AND SO DOES HIS AUNT. SHE HAS GONE TO LOUISIANA TO FILE FOR CHILD SUPPORT. THEY SAY THAT LA WILL USE MY INCOME ALSO TO DETERMINE THE AMOUNT OF CHILD SUPPORT SHE WILL GET. CAN SHE LEGALLY DO THIS?
Submitted: 7 years ago.
Category: Family Law
Expert:  ANDREA, replied 7 years ago.

Litigants are not permitted to "Forum shop", that is, look for the jurisdiction which will be more favorable to their case. If the aunt and the child are residents of Texas, a Louisiana Court will not have jurisdiction to hear the case. First and foremost, the aunt has to prove that the child has been a legal resident of Louisiana for 6 months immediately preceding the filing of the Complaint for Custody and Complaint for Child Support. It is important that your husband file an Answer and Counterclaim as soon as he receives the Complaint for Custody and Complaint for Child Support and state in your Answer to both Complaints that the Louisiana Court does not have jurisdiction in either case and if the aunt is claiming such residency, she will be perpetrating a fraud on the Courts of Louisiana.

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Customer: replied 7 years ago.
Relist: Inaccurate answer.