State ex rel. Fischer

| iSCHOTT, Chief Judge.

The sole issue here is whether the Orleans Parish Juvenile Court correctly declined to exercise jurisdiction pursuant to LSA-R.S. 13:1702(A)(3) in a custody matter involving two brothers.

The case was initiated on August 21, 1995, by a motion for an emergency change of custody and the exercise of emergency jurisdiction filed by the grandparents of the boys, David, born April 22,1980, and Michael, bom July 2, 1981. The grandparents alleged that the children were presently in the legal custody of their mother in California, but they were presently in the physical care and…