Visitation in Louisiana with an aunt

[NYParent]

Louisiana does things completely different from other states...actually their laws are quite screwed up. 

But even though they do things differently they still have to follow jurisdiction regulations.  In your case Illinois has jurisdiction  and therefore if the aunt wants to get court ordered visitation then she would have to file in your state as it is the home state of the child and the one that has jurisdiction over the case.   

As far as answering to the Louisiana petition you should file a motion to dismiss for lack of subject matter and personal matter jurisdiction (I can send you a private message [PM] with a sample one if you'd like).  La has NO standing to make any sort of orders over you or your son.  Even if they did they cannot be enforced as they have NO JURISDICTION.  I wouldn't even show up to court....because if you do that may be construed as giving into their jurisdiction.

   

[tiredinil]

Louisiana has very screwed up laws, I don't even know of another state that would allow an aunt to take me to court for visitation! 

As far as the lack of jurisdiction though, I've called the clerk of courts in that parish and was told that they did have jurisdiction because the aunt, whom my son temporarily resided with, lives there.  This whole situation seems insane to me.   

[ocean]

Anyone can go file anything....it is up to you to get it dropped or for the judge to dismiss the case. File for dismissal based on jurisdiction. The clerk does not know that laws, especially since the child has been with you for more than 6 months. Then sit and see what happens.

Do you have enough proof of what happened with the aunt? If you do, you may be able to get a restraining order in YOUR family court against the aunt. This will not allow the aunt to come near the child, take child from school, ect...
That she is harassing you and wants to visit the child and you do not believe she is able to keep the child safe and as her parent you have that right. Might be worth a shot...(maybe ask a lawyer near you...). Then the aunt would have to come to your area to fight the RO and prove why she should be able to see child.

[Davy]

I suggest you be very cautious with this situation.

Louisana has no jurisdiction like others have said but the aunt can legally claim visitation as a person acting as a parent.  This is a provision of the Uniform Child Custody Jurisdiction Act (UCCJA) and all states should have this wording.

The reason to be cautious and why the child could be at risk is because some back roads lawyer down on the bayou may illegally turn your case into a custody matter especially if they are wrongfully claiming jurisdiction.  The aunt then  appears at your son's school waving custody papers (or document providing access) and puff ... he's gone.

My Ex-wife did this to our youngest son using an old IL illegal custody order out of the clear blue 5 years after the initial snatching and from the same TX school his older brother and sister were attending at the time.

Consider taking the offer from NYParent. And maybe asking your IL court notify the LA court of IL proper jurisdiction. 

[MixedBag]

Jurisdiction -- Here we go again.

I am confused about the advice being given.

Let me summarize what I think are important points:

1.  Dad is in jail.

2.  Dad signed over parenting time rights to Aunt.

3.  Aunt is in Louisiana.

4.  Mom and child are in IL.

Aunt is STILL in Louisiana.

WHERE was the original divorce done?

Why are folks saying to have the order domiciled in IL -- unless I missed that the original divorce was in IL -- when one party is still in Louisiana and hasn't moved?

Tired, I feel for the child and see your concerns.....

For some hearings, yes, the court should allow you to speak via phone.  For other hearings, it's much much better that you appear in person to see and hear what's going on.  SO....start saving your pennies, it all adds up to paying the travel bill and legal bill that's gonna pile up down the road.

What does the original order for the divorce say for parenting time?

[gemini3]

MixedBag - when she said she and her son have always lived in IL, I assumed that to mean that IL would be where any custody paperwork would be filed.  If there is any. 

She doens't say if she and the father were every married or divorced.  She doesn't say that he signed over his parenting time to the aunt - just that he's not contesting the aunt's request for visitation.  From what the OP said there was never any formal paperwork when the aunt was caring for the child.

The party in LA is the aunt, who has never had any court ordered custody or guardianship of the child.  So IL should have jurisdiction since that's where the child has resided for the last 10 months. 

[MixedBag]

Gem -- I hear ya, hoping she will come back and answer too.