Life is unpredictable. One day, you're settled into a routine, managing co-parenting with your ex, and then a job opportunity arises in a different city—maybe it's a career advancement you can’t pass up. Or perhaps you're feeling the pull to be closer to family for support, especially as raising kids can be overwhelming without help. In today's economy, many parents are forced to consider relocation just to make ends meet. Whether it's a job transfer, better schools, or the need for a fresh start, relocating with your child after a divorce or custody agreement can be a difficult and emotional decision.
But it’s not just about packing up and moving—there are legal hurdles that must be addressed, especially if your ex-spouse or co-parent doesn’t agree with the move. In Louisiana, child relocation is governed by strict laws designed to ensure both parents' rights are protected and, most importantly, to prioritize the well-being of your child.
This article will walk you through the basics of relocation laws in Louisiana, what you need to do if you’re considering a move, and how to handle the situation if the other parent is opposed.
What Is Considered "Relocation" in Louisiana?
Relocation isn’t just moving to a new house in the same neighborhood. In Louisiana, relocation refers to moving your child's primary residence more than 75 miles from where they currently live or moving out of state. This means that whether you’re moving across the country or just to another city within Louisiana, the law requires that you take certain legal steps before you pack up and go.
Do You Need Permission to Relocate with Your Child?
Yes, Louisiana law requires that if you share custody or have a custody order in place, you must get either:
Written consent from the other parent, or
A court order allowing the relocation.
This is to ensure that both parents remain involved in major decisions that affect the child’s life. If the other parent doesn’t agree to the move, the relocating parent must file a relocation petition with the court and present their reasons for the move. The court will then decide whether to approve the relocation based on what’s best for the child.
Common Reasons Parents Seek Relocation
Relocation requests are often based on real-life challenges. Some common reasons parents seek to move include:
Job opportunities: A better-paying job or career advancement may require you to move to another city or state.
Closer to family: Being near relatives can provide much-needed support, especially for single parents managing work and home life.
Economic factors: The rising cost of living may push parents to seek more affordable areas.
Educational opportunities: Some parents want to move to access better schools or special programs for their child.
No matter the reason, Louisiana law recognizes that relocating isn’t always optional. However, the child’s best interest must be at the heart of any decision.
Filing a Relocation Petition in Louisiana
If you’re planning to move and the other parent does not agree, you’ll need to file a relocation petition with the court. This process ensures that the court reviews your reasons for the move and considers how it will impact the child.
Notify the Other Parent: You must provide written notice to the other parent at least 60 days before the planned move. The notice should include your new address, the reason for the move, and a proposed new custody or visitation arrangement.
Prepare for a Court Hearing: If the other parent objects, the case will go to court. Both parents will present their arguments, and the court will determine whether the move is in the best interest of the child.
How the Court Decides Child Relocation Cases
When deciding whether to grant a relocation request, Louisiana courts consider several factors to ensure the child’s well-being is protected. These include:
The reason for the move (better job, closer family, etc.).
The child’s relationship with both parents.
How the move will affect the child’s emotional and social development.
The feasibility of preserving relationships with the non-relocating parent, such as through longer visits or virtual meetings.
Whether the move will improve the child's overall quality of life (e.g., better schools or safer neighborhoods).
It’s important to note that the court will always focus on what is best for the child—not what’s most convenient for the parents.
What If the Other Parent Objects to the Move?
If the other parent doesn’t agree to the relocation, they can file an objection with the court. This will lead to a hearing where both sides present their cases. If the court finds that the relocation is not in the child’s best interest, it can deny the move or even modify the existing custody arrangement to give more time to the non-relocating parent.
Legal Consequences of Relocating Without Consent
If a parent relocates without getting consent from the other parent or approval from the court, they can face serious legal consequences. The court may order the parent to return the child to their original residence and could even modify the custody arrangement to limit the relocating parent's time with the child. To avoid these complications, it’s crucial to follow the legal process.
How Relocation Affects Custody and Visitation
Relocation will often lead to changes in the current custody or visitation arrangement. Depending on the distance, the court may order extended visitation during school breaks or holidays, or even virtual visitation for regular contact. The goal is to ensure that the non-relocating parent can still maintain a meaningful relationship with the child.
How Moisant Law Firm Can Help You with Relocation
Relocation cases can be emotionally charged and legally complex. Whether you’re seeking to relocate or opposing the move, having an experienced family law attorney by your side is essential. At Moisant Law Firm, we understand the nuances of Louisiana’s relocation laws and are committed to protecting your rights and your child’s well-being.
We can help you:
File a relocation petition and build a strong case for why the move is necessary.
Oppose a relocation request if you believe the move is not in your child’s best interest.
Negotiate new custody or visitation arrangements that work for your family.
Conclusion
Relocating with a child in Louisiana involves much more than just packing boxes and hitting the road. Whether you’re seeking to move or trying to prevent a relocation, understanding the legal process is essential. With the right guidance, you can navigate these challenges and secure the best possible outcome for your family.
If you're considering relocation or facing a relocation dispute, contact Moisant Law Firm in Metairie, LA, today. Our experienced family law attorneys are here to help you every step of the way.
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