A. Is the Texas TRO entitled to FF&C in Louisiana?

The Texas order is not entitled to full faith and credit in Louisiana	10 points _______
Ex parte orders are not entitled to FF&C under FPKPA	10 points _______

B. Where does child custody jurisdiction lie?

Texas has jurisdiction to hear the custody case	10 points _______
Texas is the home state of the children	10 points _______
Mention of Atkins v. Atkins	10 points _______

"Home state" is where the child has lived for six months	10 points _______
prior to the date suit is filed	10 points _______
If child is less than six months old, since birth	10 points _______
Periods of temporary absence are counted	10 points _______

C. Where does jurisdiction lie to dissolve the marriage?

Both Louisiana and Texas have concurrent jurisdiction	10 points _______
It's a race to judgment on the divorce itself	10 points _______
Jurisdiction in divorce is based on domicile	10 points _______

Husband is domiciled in Texas	10 points _______
Bexar County is a county of proper venue	10 points _______
Wife is domiciled in Louisiana	10 points _______
Orleans Parish is a parish of proper venue	10 points _______

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

Alimony and child support require in personam jurisdiction	10 points _______
Wife may be longarmed into Texas based on living there	10 points _______
Husband may be longarmed into Louisiana	10 points _______
Both states have concurrent jurisdiction as to support	10 points _______

Carla wants custody. Where can she file?

Definition of home state	Credit this supra
Louisiana is home state and has jurisdiction	3 points _______
Under UCCJEA	3 points _______

Texas may have continuing jurisdiction	3 points _______
Under FPKPA	3 points _______
If a custody decree was properly entered there at the divorce	3 points _______

Family Court of East Baton Rouge Parish has jurisdiction	3 points _______
Family Court of Harris County may have jurisdiction	3 points _______
This may be a race to the courthouse	3 points _______

Discussion of home state definition

Credit this supra

Trover was born illegitimate	3 points _______
neither conceived nor born during marriage	3 points _______
Was Trover ever legitimated?	3 points _______
Subsequent marriage and acknowledgment?	3 points _______
Name on birth certificate?	3 points _______

Even if illegitimate, Bubba has standing as to custody	3 points _______
Even if legitimate, is Trover a "child of the marriage"?	3 points _______
Was custody ever granted by the Texas court?	3 points _______
Was it a considered decree?	3 points _______
If so, Bergeron applies	3 points _______

If Bergeron applies, criteria for modification of custody

Change of circumstances test	3 points _______
Present environment deleterious	3 points _______
Clear and convincing evidence	3 points _______
Modification of visitation - best interests	3 points _______

If Bergeron applies, father will win	3 points _______
If Bergeron does not apply, mother could well win	3 points _______

If initial decree, criteria for determining custody

Wishes of parents	3 points _______
Presumption of joint custody	3 points _______
with equal sharing of time	3 points _______

Love, affection and emotional ties	3 points _______
Capacity to provide love, affection & spiritual guidance, education	3 points _______
Capacity to provide food, clothing, medical care	3 points _______

Length of time child has lived in stable environment	3 points _______
Permanence of the family unit	3 points _______
Moral fitness of each of the parties	3 points _______

Mental and physical health of each of the parties	3 points _______
Home, school and community history of the child	3 points _______
Preference of the child if of suitable age	3 points _______

Willingness to encourage relationship with other parent	3 points _______
Distance between the respective residences	3 points _______
Responsibility for rearing previously exercised by parties	3 points _______

A. Antenuptial contracts

Of right prior to the marriage	3 points _______
Within a year of moving to Louisiana	3 points _______
Any time with judicial authorization	3 points _______
Any time to adopt the legal regime	3 points _______

By authentic act or acknowledgment	3 points _______
Before a notary and two witnesses	3 points _______
Must be recorded to bind third parties and creditors	3 points _______

May define what is community property	3 points _______
or abolish the community regime	3 points _______
or waive permanent alimony	3 points _______

May not waive alimony pendente lite	3 points _______
May not limit child support	3 points _______
May not determine child custody	3 points _______

B. Difference between a 102 and a 103 divorce

102 divorce

File petition, then wait 180 days	3 points _______
from service	3 points _______
or waiver of service	3 points _______

Then file rule to show cause	3 points _______
Nullity if 180 days have not elapsed	3 points _______
Prescribes in two years	3 points _______

103 divorce

Adultery

3 points _______

Conviction of felony	3 points _______
with sentence of death	3 points _______
or imprisonment at hard labor	3 points _______

Living separate and apart	3 points _______
continuously	3 points _______
without reconciliation	3 points _______
for six months or more	3 points _______
on date petition is filed	3 points _______

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