Louisiana has jurisdiction in my custody case. I live in Colorado, father lives in Louisiana. We have joint custody with the father as domicile parent because I live in a different state.
I want to modify the custody agreement to have my 2 daughters live with me in Colorado. I do have full custody of their brother.
What needs to be done for me to get custody and for the states to change jurisdiction?
Given that your ex and the children live primarily in Louisiana I would expect that Louisiana will have continuing jurisdiction over the children and the case. As such This is a question that really should be posed to counsel in Louisiana. I would repost this for Louisiana Attorney's and probably contact Counsel in Louisiana.
So long as your ex continues to live in Louisiana, you can expect that your custody case will remain in that state and you cannot move it to Colorado. You can certainly seek to modify your orders to relocate your children to Colorado, but you will have to do so in Louisiana. Contact an attorney in Louisiana to discuss your options.
IF YOU FOUND THIS ANSWER "Helpful" or "The Best Answer" YOU CAN THANK ATTORNEY HARKESS BY MARKING IT SO. The attorneys on this site are donating their time and talent by answering questions to help those in need of legal information. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado and Massachusetts. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess and any person. You should schedule a consultation with a local attorney to discuss the specifics of your legal issues.
LA would have to give up jurisdiction to Colorado and with the children living in LA, it appears very unlikely that will happen. The best way to get custody would be for your ex to agree that the girls would live with you. If you can reach that agreement, it really doesn't matter where jurisdiction is. If you cannot reach that agreement, it is unlikely that your ex will agree to change jurisdiction. It is equally unlikely, without some very significant negative event for your daughters, that you will persuade a court to change primary residence. You could consider consulting with a family law attorney in LA. Good luck to you.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline