Decision in UCCJEA Case

In Re A.M.B.
On August 20, 2014, the Louisiana Third Circuit Court of Appeals granted a writ (appeal) Hesser & Flynn filed on behalf of an Alabama resident mother.  In that case the trial court had found that Louisiana had subject matter jurisdiction according to the Uniform Child Custody Jurisdiction Enforcement Act even though the child had only visited Louisiana for one day out of the child’s entire life. The Third Circuit Court of Appeals of Louisiana reversed the trial court and explained:
WRIT GRANTED AND MADE PEREMPTORY
We find that under the provisions of La. R.S. 13:1802(7)(a) and 13:1813 Louisiana cannot be the “Home State” of the minor child.  Under the clear wording ofLa. R.S. 13:1802(7)(a), “[i]n the case of a child less than six months of age, the term [‘home state’] means the state in which the child lived from birth with any of the persons mentioned;” therefore, Louisiana cannot be Adalynn’s “home state” because she never resided here. . . .