2005 Louisiana Family Law Final Examination

FAMILY LAW

Professor Franks

Final Examination, Spring 2005

GENERAL INSTRUCTIONS

1.	Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.




2.	State the issues and answers to each question concisely. Lengthy answers are not necessary.




3.	Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.




4.	Number your answers to correspond with the question, e.g., "II-B."




5.	If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.




6.	Do not write in the margin of the book.




7.	All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.




8.	Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.




9.	If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book.




10.	A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.

QUESTION I

65 per cent

Facts

Five years following your graduation from Southern University Law Center, you run for and are elected judge of the Family Court for the Parish of East Baton Rouge. Imagine you are now, today, 11 May 2005, a judge of that court.

A case is presented to you, and you learn the following facts:

Constance Moneylove, born and raised in Pointe Couteau Parish, Louisiana, married Dr. Harrison McMacho in Baton Rouge in 1997. Immediately following their marriage, the parties moved to Memphis, Tennessee. They bought a condominium on North Parkway. Harrison took a job at the Shelby County Regional Medical Center, where he is now a senior staff proctologist. Constance worked as a secretary at the Southern College of Optometry until she became pregnant. Two children were born of the marriage, Tyrone, now age 6, and Claudette, now age 4.

Constance and Harrison began having marital difficulties. On 15 March 2005, Constance took the children and moved back to Louisiana. On 20 March 2005, she filed suit for divorce in the Family Court for the Parish of East Baton Rouge, asking for a divorce in 180 days. She also is asking for temporary and permanent custody of the children. The petition and citation were served on Harrison in Tennessee on 23 March 2005. Harrison has not previously appeared in the action and no action has been taken by the court.

On 23 March 2005, Harrison filed suit for divorce in the Circuit Court of Shelby County, Tennessee, asking for temporary and permanent custody of the children. The petition, citation and an ex parte order were served on Constance in Louisiana on 25 March 2005 under the Tennessee longarm statute. The documents served included an ex parte order granting Harrison "the temporary custody of the children pendente lite." Constance has not appeared in the Tennessee action.

Questions

Harrison has retained Baton Rouge counsel. His attorney today, 11 May 2005, presents you with a copy of the Tennessee order for temporary custody, duly certified and exemplified under Acts of Congress, 28 U.S. Code § 1738, wherein the clerk attests that the same is a true copy, the judge attests that the clerk is indeed the clerk and that the attestation is in proper form, and the clerk attests that the judge signing the certificate is indeed a judge of the Circuit Court of Shelby County, Tennessee. Harrison's Louisiana attorney asks you to sign an order granting the temporary custody determination full faith and credit pendente lite.

Please answer briefly, succinctly and accurately the following questions and only the following questions:

A.	Is the Tennessee temporary custody order entitled to full faith and credit in Louisiana under 28 U.S. Code § 1738A (the Federal Parental Kidnapping Prevention Act of 1980)? Why or why not? Discuss.

B.	Where does jurisdiction lie to determine the custody of the children? Why? Discuss.

C.	Where does jurisdiction lie to dissolve the marriage? Why? Discuss.

D.	Where does jurisdiction lie to determine alimony and child support? Why? Discuss.

QUESTION II

35 per cent

Answer each of the following questions in not much more than one or two sentences, telling what you feel you should do as a lawyer when clients (not necessarily the persons discussed in the previous question) present you with the following facts:

A female client tells you that her elderly, widowed mother wastes her monthly social security and annuity checks on extravagant purchases she can ill afford, is forgetful, soils herself by urinating in her clothes, refuses to bathe, and has high blood pressure but forgets to take her medication. Your client feels her mother would be better off in a retirement center with some medical supervision, but mom refuses to go.

B.	A male client tells you, "My wife beats me, and I'm afraid she is going to get drunk and violent again this weekend."

C.	Your client's custody case is coming up for trial in five weeks, and you want to give your client a suggestion as to something she or he can do to help you prepare for trial.

D.	Another of your clients is being sued for filiation (paternity), and you are preparing responsive pleadings. He feels he may not be the father. What should you do?

Yet another client, a divorced mother with custody, wishes to sue Fun and Games Amusement Park for a serious injury her child sustained while riding on the Wild Mouse. In addition to preparing and filing a timely petition against the operator of the amusement park, what other step must you take and when must it be taken?

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