4.10.14 Modification of Prior Custody Determinations

La. R.S. 13:1815 significantly restricts when a court may modify a custody determination made by another state. It prohibits Louisiana from assuming jurisdiction to modify merely because Louisiana is the home state at the time of the motion to modify is filed.

La. R.S. 13:1815 provides that, except as authorized in La. R.S. 13:1816 (temporary emergency jurisdiction), a Louisiana court may not modify a custody determination made by another state unless a Louisiana court has home state or significant connections jurisdiction and either (1) the court of the other state determines that it no longer has exclusive, continuing jurisdiction or that a Louisiana court would be a more convenient forum; or (2) a Louisiana court or the other state’s court determines that the child, parent(s), and person(s) acting as parent(s) no longer reside in the other state.