§ Art. 10 Jurisdiction over status

Codes > Louisiana Code of Civil Procedure > Book I > Title I : Chapter 1 > Art. 10

Art. 10. Jurisdiction over status

    A. A court which is otherwise competent under the laws of this state has jurisdiction of the following actions or proceedings only under the following conditions:

        (1) An adoption proceeding in accordance with Title XII of the Children's Code, if the surrendering parent of the child, a prospective adoptive parent, the adoptive parent or parents, or any parent of the child has been domiciled in this state for at least eight months, or if the child is in the custody of the Department of Children and Family Services; and an adoption proceeding in accordance with Civil Code Article 212, if either party to the adoption of an adult is domiciled in this state.

        (2) An emancipation proceeding if the minor is domiciled in this state.

        (3) An interdiction proceeding if the person sought to be interdicted is domiciled in this state, or is in this state and has property herein.

        (4) A tutorship or curatorship proceeding if the minor, interdict, or absentee, as the case may be, is domiciled in this state or has property herein.

        (5) A proceeding to obtain the legal custody of a minor if he is domiciled in, or is in, this state.

        (6) An action to annul a marriage if one or both of the parties are domiciled in this state.

        (7) An action of divorce, if, at the time of filing, one or both of the spouses are domiciled in this state.

        (8) Unless otherwise provided by law, an action to establish parentage and support or to disavow parentage if the child is domiciled in or is in this state, and was either born in this state, born out of state while its mother was domiciled in this state, or acknowledged in this state. However, regardless of the location of the child or its place of birth, an action to disavow may be brought if the person seeking to disavow was domiciled in this state at the time of conception and birth and is presumed to be its parent under the laws of this state.

    B. For purposes of Subparagraphs (6) and (7) of Paragraph A of this Article, if a spouse has established and maintained a residence in a parish of this state for a period of six months, there shall be a rebuttable presumption that he has a domicile in this state in the parish of such residence.