| La. Code Civ. Proc. art. 2
Louisiana Statutes
Louisiana
Code of Civil Procedure Acts 1960, No. 15
Book
I. Courts, Actions, and Parties
Title
I. Courts
Chapter
1. Jurisdiction
Art.
2. Jurisdiction over subject matter
Jurisdiction over the subject
matter is the legal power and authority of a court to hear and determine
a particular class of actions or proceedings, based upon the object of
the demand, the amount in dispute, or the value of the right asserted.
La. Code Civ. Proc. art. 6
Louisiana Statutes
Louisiana
Code of Civil Procedure Acts 1960, No. 15
Book
I. Courts, Actions, and Parties
Title
I. Courts
Chapter
1. Jurisdiction
Art.
6. Jurisdiction over the person
A. Jurisdiction over the person is the legal power and authority of a
court to render a personal judgment against a party to an action or proceeding.
The exercise of this jurisdiction requires:
(1) The service
of process on the defendant, or on his agent for the service of process,
or the express waiver of citation and service under Article 1201.
(2) The service
of process on the attorney at law appointed by the court to defend an
action or proceeding brought against an absent or incompetent defendant
who is domiciled in this state.
(3) The submission
of the party to the jurisdiction of the court by commencing an action
or by the waiver of objection to jurisdiction by failure to timely file
the declinatory exception.
B.
In addition to the provisions of Paragraph A, a court of this state may
exercise personal jurisdiction over a nonresident on any basis consistent
with the constitution of this state and with the Constitution of the United
States.
EFFECTIVE DATE AND
APPLICABILITY
<Section 3 of Acts 1999, No. 1263 (§ 1
of which amended this article) provided:>
<"The provisions of this Act shall become
effective on January 1, 2000, and shall apply to all actions filed on
or after January 1, 2000.">
La. Code Civ. Proc. art. 10
Louisiana Statutes
Louisiana
Code of Civil Procedure Acts 1960, No. 15
Book
I. Courts, Actions, and Parties
Title
I. Courts
Chapter
1. Jurisdiction
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 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 Louisiana for at least eight months, or if the child
is in the custody of the Department of Social Services.
(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.
La. Child. Code art. 1038
Louisiana Statutes
Louisiana
Children's Code
Title
X. Judicial Certification of Children for Adoption
Chapter
9. Judgments
Art.
1038. Effects of termination judgment
A final judgment terminating
parental rights relieves the child and the parent against whom the judgment
is rendered of all of their legal duties and divests them of all of their
legal rights with regard to one another except as provided in Article
1037.1, and except:
(1)
The right of the child to inherit from his biological parents and other
relatives.
(2)
The right of the child to benefits due him from any third person, agency,
state, or the United States based on his status as a child of his biological
parents or the rights and benefits
that a native American derives from his descent from a member of a federally
recognized Indian Tribe.
(3)
The right of the child to pursue any civil action, other than future child
support, against his biological parents.
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