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359 So. 2d 1136

Perez v. Perez

Louisiana Court of Appeal

Decided June 14, 1978

Louisiana Court of Appeal · decided 1978-06-14

Cited by 3 later decisions — most recently July 1981

3 state decisions

Key passage — most relied on by later courts

““There is no specific provision in the Code of Civil Procedure governing venue in custody actions. Such an action incidental to an action for separation or divorce is generally brought in the parish of proper venue for the principal action. However, when the initial fixing of custody occurs after divorce, the venue of the action to obtain custody is determined by reference to the law governing tutorship proceedings, since custody of the minor is one of the elements of tutorship. CCP Art. 4261. Venue in tutorship proceedings lies in the parish where the minor resides. CCP Art. 4031.””

quoted by 1 later decision, including Tucker v. Tucker

Good law ✅— No negative treatment on recordhow we know

Decided 1978-06-14

View the full empirical analysis of this case →

PER CURIAM.

¶1This is an application for supervisory writs, involving the question of venue and jurisdiction in a rule for child custody brought by the mother in Orleans Parish after a divorce judgment silent as to custody was rendered in Plaquemines Parish, where the father presently resides. At the *1137time the rule was filed the child was living with the mother in Orleans Parish.

¶2The father filed exceptions to the venue and to the jurisdiction of the Orleans court. After the trial court overruled the exceptions, the father applied to this court for supervisory writs.

¶3The Louisiana courts have jurisdiction over the status in an action to obtain the custody of a minor domiciled in the state. C.C.P. art. 10(5). The related question of venue involves the determination of the proper parish in which the action may be brought.

¶4There is no specific provision in the Code of Civil Procedure governing venue in custody actions. Such an action incidental to an action for separation or divorce is generally brought in the parish of proper venue for the principal action. However, when the initial fixing of custody occurs after divorce, the venue of the action to obtain custody is determined by reference to the law governing tutorship proceedings, since custody of the minor is one of the elements of tutorship. C.C.P. art. 4261. Venue in tutorship proceedings lies in the parish where the minor resides. C.C.P. art. 4031.

¶5The judgment correctly overruled the exceptions, and the application is denied.

¶6APPLICATION DENIED.

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