Landry v. Martinez — Louisiana lacked jurisdiction over the child-custody dispute

Case
Cody M. Landry v. Reagan Martinez
Court
Louisiana Court of Appeal, First Circuit
Judge
Theriot; Greene; Edwards
Date Decided
October 29, 2026
Docket No.
2026 CW 1291
Topics
Child Custody; Subject-Matter Jurisdiction; UCCJEA; Military Parents
Source
Read the full opinion

Background

Colt M. Landry filed a petition concerning a minor child who was born in Italy and had lived there with his mother, Reagan Martinez, continuously since his birth in June 2023.

Martinez filed an exception of lack of subject-matter jurisdiction. The trial court denied the exception after finding that Louisiana was the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act and applying Louisiana’s Military Parent and Child Custody Protection Act. Martinez sought supervisory review.

The Court’s Holding

The Louisiana Court of Appeal granted the writ and held that the trial court erred in finding Louisiana to be the child’s home state and in applying the Military Parent and Child Custody Protection Act.

Because the child was born in Italy and had resided there with Martinez since birth, the court concluded that Italy was the child’s home state under La. R.S. 13:1813(A)(1). It reversed the July 28, 2026 judgment, granted Martinez’s exception of lack of subject-matter jurisdiction, and dismissed Landry’s petition.

Key Takeaways

  • A child’s continuous residence abroad from birth can make the foreign country the child’s home state under Louisiana’s UCCJEA.
  • Louisiana’s protections for military parents did not establish subject-matter jurisdiction on these facts.
  • The appellate court dismissed the custody petition after concluding that Louisiana lacked subject-matter jurisdiction.

Why It Matters

The ruling underscores that Louisiana courts must determine home-state jurisdiction from the child’s actual residence under the UCCJEA, including when that residence is in another country.

Military-parent custody protections do not displace the UCCJEA’s threshold jurisdictional requirements.

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