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  #1  
Old 04-22-2004, 11:20 PM
mdhyde
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Louisiana Law II


What is the name of your state? Louisiana

Looks like I won't have to go to Texas. Talked to my lawyer and we should be able to have La. as jurisdiction. Filing the papers Monday. Thank you Snostar and Krispentpeter!! That link helped a lot. Sent it to my lawyer.

Last edited by mdhyde; 04-23-2004 at 12:02 AM.
  #2  
Old 04-23-2004, 09:37 AM
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1. Please keep your replies in one thread it is less confusing.

2. Great! You got a lawyer.

3. Don’t count your chickens before they hatch.

4. If the motion to transfer is “timely” (as defined in Chapter 155 Section 155.204) the suit could be transferred prior to a hearing in Texas.

5. BTW, the “Scarlet Letter” reference was not intended for you, but for the Little Grasshopper poster who implied that you had a chance of getting a venue transfer based on Chapter 155 of Texas Statutes. Hey Krispen -

6. Your welcome, it is always nice when the help is appreciated
Good Luck!
  #3  
Old 04-23-2004, 10:23 AM
mdhyde
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Cool

Snostar, you are a gem!!!
  #4  
Old 04-24-2004, 12:09 AM
mdhyde
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Smile

I am going to see my lawyer in the morning. She is going to prepare an exception to file at our courthouse, the Tx. one, and serve his attorney. I can get a restraing ordr so he can not stay with the neighbors. The attorney I have is superb and handled my divorce 10 years ago. You would have loved that case which involved an illegal divorce in Tx. and we got jurisdiction changed to La. since I had been a resident here for more than a year. That was a case that was a masterpiece. Anyway, I feel a lot better about everything. Wish me luck tomorrow!
  #5  
Old 04-25-2004, 03:17 AM
mdhyde
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My lawyer is drawing up the papers this weekend. I was right in thinking that Louisiana is funny about jurisdiction in legal (especially domestic) issues. I know we have crooked politicians and many more problems in our state, however this state goes to bat for their citizens. I am cautiously optimistic now.
  #6  
Old 04-25-2004, 11:17 PM
mdhyde
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Snostar,
My atty. appreciated the Texas law pertaing to my case. It saved her a lot of research time! In Texas we are filing an "Exception or Objection to the courtsvenue or jurisdiction etc. or alternatively to transfer action". In La. we are filingfor "petition for custody, to establish filiation child supprt and additionally with ancillary orders requested". I have a lawyer that creates her own petitions and does not use form petitions. Believe me when I say that she can write a masterpiece. She is very smart and graduated Tulane Law School in 2 years. She also petitioned that I am the tutrix and should be given full custody. Thankfully La. is a women and children state. Even if the rights of the parent are terminated the child never loses the right to inherit. Filing these papers here and there in the a.m. Wish me luck!
  #7  
Old 04-28-2004, 02:05 AM
mdhyde
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update!


Snostar,
I hope you check this site once in a while. The good news is that my La. Judge is supposed to sign the jurisdiction papers in the a.m. Would have been today but he had his law clerk researching it. It is looking good so far.
Texas got my reply today telling them they have no jurisdiction. If there are problems with either state there is to be a telephonic hearing with all parties involved to straighten it out. La. might be crooked but they love their citizens!! Especially in small towns. Will post tomorrow when I know for sure!
  #8  
Old 04-28-2004, 08:42 PM
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So, what happened today?
  #9  
Old 04-28-2004, 08:52 PM
mdhyde
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Judge is waiting long enough to let Tx. think they took time with it. They are probably still researching too. It will be a precedent setting case in our state. Everey one wants to dot their I's and cross their T's. I wish they had this forum 10 years ago when I got divorced. Now THAT was a case!! I live in a small town south of New Orleans, and I got a Judge who does not like other states trying to mess in our state. It is killing me though, hope I hear something tomorrow. If not definitely by Friday. He might want to mess with their time frame a little. No matter what, the baby has surgery scheduled for the same day as the trial in Tx. that I made arrangements for back in March. Just a little thing, two of his fingers are fused together but it only involves skin. Will let you know when I find something out!
  #10  
Old 04-28-2004, 09:00 PM
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I would have been surprised if it went through that fast. I hope all goes well with the surgery. Good luck, and post again when you find out about jurisdiction

Last edited by snostar; 04-28-2004 at 09:17 PM.
  #11  
Old 04-28-2004, 09:39 PM
mdhyde
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Exclamation

Will do!!!
  #12  
Old 04-30-2004, 01:32 PM
mdhyde
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Talking

Done deal!!! La. took over. No Tx. at all. Going to courthouse to get papers. will update later!!!
  #13  
Old 04-30-2004, 04:50 PM
mdhyde
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Smile

Battle Won -- War To Go


La. Judge said that he could not order a Tx. Judge to attend a hearing in La. (not even a telephonic one). I got all the temp. orders I asked for including temp. sole custody until hearing date. I feel a lot better now. However, they moved fast, especially for La. I do love my lawyere, she knows her stuff!!!
  #14  
Old 04-30-2004, 10:05 PM
mdhyde
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P.S. His lawyer talked to my lawyer and he does not want to pay the money to come over here. However I am ready if he does. Things could not possibly go that easy!!!
  #15  
Old 04-30-2004, 10:07 PM
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Whew! Good Luck!
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