4.10.10 Proceedings in Other States
4.10.10 Proceedings in Other States aetrahan Mon, 06/26/2023 - 11:30How does the court resolve jurisdiction when there is a proceeding in another state? Except for temporary emergency jurisdiction cases under La. R.S. 13:1816, the Louisiana court must examine the court documents and the parties’ La. R.S. 13:1821 affidavits to determine UCCJEA subject matter jurisdiction before hearing a custody case.1 This creates an independent, affirmative duty for the court to review and determine jurisdiction. If the Louisiana court finds that the other state’s court had UCCJEA jurisdiction, the Louisiana court must stay the Louisiana proceedings and communicate with the other state’s court.2 If the other state with UCCJEA jurisdiction does not determine that Louisiana is the more appropriate forum, the Louisiana court must dismiss the Louisiana proceeding.3