Few decisions bring more anxiety than those involving your children. It can be even more nerve-wracking if that decision involves them moving to a different state or country. Where would they go to school? How would the non-relocating parent visit them? Is this even allowed under your current custody arrangement?
Under Louisiana law, relocating with children involves mandatory notice periods and strict requirements. Learning this information now can allow you to plan effectively, as well as avoid mistakes that could put your custody rights at risk.
The definition of relocation under Louisiana law
Generally, Louisiana defines relocation as moving your child’s primary residence for 60 days or more. In particular, it covers any move out of Louisiana, or any move within the state that places your child more than 75 miles from their current home or the other parent’s residence.
This applies to domiciliary parents – the parent that the child primarily lives with and handles day-to-day decisions – in sole custody arrangements and parents in joint custody situations.
Mandatory notice requirements
If you are the one relocating, you must provide written notice to your co-parent at least 60 days before your planned move. It must include:
- Your new address and contact details
- The exact relocation date
- Clear reasons for the move
- A proposed new visitation schedule for the other parent
You must send this notice by certified mail or commercial courier. You also have a continuing legal duty to update this information as it becomes available. Failing to provide proper notice can result in court orders requiring your child’s return and payment of the other parent’s legal expenses.
How non-relocating parents can object to the move
If you are the non-relocating parent, you have 30 days after receiving the notice to object in writing, also sent through certified mail. If you object, your co-parent cannot move with your child until a court decides the matter in a hearing. Without an objection, they may proceed with the relocation as planned.
Take note that if you share equal physical custody, you do not even have to file an objection. Under state law, your co-parent cannot move the child at all without either your express written consent or prior court approval.
Factors that judges look at in relocation cases
In a contested relocation, courts will examine various factors, including but not limited to:
- Your child’s relationship with both parents
- The impact of the move on their education and development
- Whether meaningful contact with the other parent can continue after the move
- Your child’s own preferences, if they are old enough to express them.
The move must serve your child’s best interests and stem from good faith reasons. If you are the relocating parent, the burden of proving this will fall on you.
Arm yourself with knowledge
Whether you are planning to relocate or opposing a move, understanding Louisiana’s legal requirements puts you in control of the process. Document your reasons and gather the evidence necessary to support them. More importantly, remember that you do not have to face this alone. Professional legal counsel is available when you need it.