Jurisdiction over Status Flashcards
Jurisdiction over status
premised on the fact that the person whose status is at issue, and thus, most impacted by the outcome, is either a LA domiciliary or has some other sufficiently strong nexus with the state to warrant the exercise of jurisiction
Types of Jurisdiction over status
1) adoption
2) emancipation
3) interdiction
4) Tutorship and curatorship
5) Child Custody
6) annulment
7) divorce
8) parentage and support
Jurisdiction over adoption
surrendering parent, the prospective or existing adoptive parent(s) or any parent of the child has been domiciled in LA for at least 8 months.
Jurisdiction over Emancipation
Minor is domiciled in LA
Jurisdiction over interdiction
A proposed interdict is domiciled in LA or is physically in LA and owns property in the state
Jurisdiction over Tutorship and curatorship
If the minor, interdict, or absentee is domiciled in LA
Jurisdiction over Child Custody
if the minor involved is domiciled or is in, LA
Jurisdiction over Annulment
One or both parties are domiciled in LA
Jurisdiction over Divorce
One of the spouses is domiciled in LA at the time of the filing.
For both annulment and divorce proceedings, if a spouse has maintained a residence in LA for 6 months, there is a rebuttal presumption of domicile in the state
Jurisdiction over Parentage and Support
if the child is domiciled in, or is in, LA and was either born in LA or the mother was domiciled in LA while the child was born outside the state. If te person seeking to disavow was domiciled in LA at the time of conception and birth.
Concurrent Jurisdiction
when two courts have jurisdiction