Landry v. Martinez — Louisiana lacked jurisdiction over the child-custody petition because Italy was the child’s home state

Case
Colt 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 Landry filed a petition concerning custody of a minor child. Defendant Reagan Martinez raised an exception of lack of subject-matter jurisdiction in the 18th Judicial District Court for Iberville Parish.

The child was born in Italy in June 2023 and had lived there with Martinez continuously since birth. Nevertheless, the trial court determined that Louisiana was the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act and denied Martinez’s jurisdictional exception on July 28, 2026. 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. Because the child was born in Italy and had resided there with Martinez since birth, Italy was the child’s home state under La. R.S. 13:1813(A)(1).

The court also held that the trial court improperly applied Louisiana’s Military Parent and Child Custody Protection Act, citing Baxter v. Baxter, 2015-0085 (La. App. 4th Cir. 6/24/15), 171 So. 3d 1159. 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 born in Italy who had lived there continuously with a parent since birth had Italy, not Louisiana, as the child’s home state under the UCCJEA.
  • The Military Parent and Child Custody Protection Act did not supply Louisiana with subject-matter jurisdiction in these circumstances.
  • The absence of UCCJEA subject-matter jurisdiction required dismissal of the custody petition.

Why It Matters

The decision underscores that Louisiana courts must determine home-state jurisdiction from the child’s actual residence under the UCCJEA, including when the relevant home state is a foreign country. Military-parent protections do not displace the UCCJEA’s jurisdictional requirements.

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