Hamp v. Hamp

WATKINS, Judge.

This appeal presents the following question: when a Louisiana mother retains physical custody of her child following a visitation in Louisiana, should a Louisiana *811court decline jurisdiction in an action seeking modification of its own previous decree that awarded custody to the child’s father in Texas? We conclude that the Louisiana court should have declined jurisdiction. The trial court, in rejecting defendant’s exception of inconvenient forum, failed to follow the spirit and the letter of the law, specifically LSA-E.S. 13:1706.

The statute provides in pertinent part:

A. A…