Dillon v. Medellin
Citation | 402 So.2d 149 |
Decision Date | 29 June 1981 |
Docket Number | No. 14201,14201 |
Parties | Patricia A. DILLON (Formerly Medellin) In the Interest of the Minor Child, Margarita Lourdes Medellin v. Hector MEDELLIN. |
Court | Court of Appeal of Louisiana — District of US |
F. Smith Knobloch of Knobloch & Knobloch, Thibodaux, for plaintiff-appellant Patricia A. Dillon.
Harry R. Cabral, Jr. of Cabral & Cabral, Metairie, for defendant-appellee Hector Medellin.
Before ELLIS, COLE and WATKINS, JJ.
Plaintiff Patricia A. Dillon was divorced from defendant Hector Medellin in Harris County, Texas, by judgment dated May 26, 1977. In that judgment, plaintiff was granted custody of their minor child, Margarita Lourdes Medellin, with visitation rights to defendant.
According to the allegations of the petition, Margarita has resided in Louisiana for more than one year. On July 8, 1980, while Margarita was visiting the defendant in Harris County, defendant obtained an ex parte emergency order, granting temporary custody to him. The petition further alleges the lack of jurisdiction of the Harris County Court, and prays that defendant be ordered to appear in court with the minor child, and to show cause why the minor child should not be returned to plaintiff, and why his visitation rights should not be terminated.
To the petition, defendant filed a declinatory exception of lack of jurisdiction over the subject matter. It is alleged that, under the Uniform Child Custody Jurisdiction Law, R.S. 13:1700 et seq., the Harris County Court had both continuing and original jurisdiction over the status of the minor child; had acted to modify its own original decree; and that the Louisiana courts are without jurisdiction to enforce the original custody decree issued by the Harris County Court.
After a hearing on the exception, at which no evidence was offered, the exception was sustained, and judgment was signed dismissing the suit. Plaintiff has appealed.
La.R.S. 13:1702 A provides as follows:
La.R.S. 13:1705 A provides as follows:
"A court of this state shall not exercise its jurisdiction under this Act if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity with this Part, unless the proceeding is stayed by the court of the other state because this state is a more appropriate forum or for other reasons."
Texas Family Code, Section 11.045 provides:
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