Louisiana Children’s Code 309 – Continuing jurisdiction over custody disputes
Terms Used In Louisiana Children's Code 309
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. Except as provided in Article 313, a court exercising juvenile jurisdiction shall have continuing jurisdiction over the following proceedings and the exclusive authority to modify any custody determination rendered, including the consideration of visitation rights:
(1) Child in need of care proceedings pursuant to Title VI.
(2) Families in need of services proceedings pursuant to Title VII.
(3) Involuntary termination of parental rights proceedings pursuant to Title X.
(4) Voluntary termination of parental rights proceedings pursuant to Title XI.
(5) Adoption proceedings pursuant to Title XII.
(6) Parental transfer of custody proceedings pursuant to Chapter 3 of Title XV.
B. In exercise of its jurisdiction to determine the custody of a child under writs of habeas corpus or when custody is incidental to the determination of pending cases, a district court may enter an order of custody or modify any prior order of custody rendered by a juvenile court concerning the same child in any proceeding except those enumerated in Paragraph A of this Article.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.