How Does Child Relocation Affect Custody in Louisiana?

How Does Child Relocation Affect Custody in Louisiana?

When circumstances change and parents no longer reside together, the goal is often a fresh start. Sometimes, that means moving to a new city for a job, to be closer to family, or simply for a change of scenery. However, when children are involved, a "simple move" becomes a complex legal matter regardless of the parents' past or current relationship status. In Louisiana, relocation is governed by specific statutes designed to protect the best interest of the child while balancing the rights of both parents. Whether you are a parent considering a move or have been notified of an intent to relocate, understanding your legal rights and obligations is essential.

What Qualifies as a Legal "Relocation"?

Under Louisiana law (La. R.S. 9:355.1), relocation is not just moving out of state. It is legally defined as:

• Moving the child's principal residence to a location outside of Louisiana.

• Moving the child's principal residence to a location within Louisiana that is more than 75 miles from the other parent's primary residence.

The Mandatory Notice Requirement

In Louisiana, you cannot simply pack up and leave. The relocating parent must provide formal notice to the other parent.

• Notice must be sent by registered or certified mail, return receipt requested.

•  It must be sent no later than the 60th day before the intended move.

•  The notice must include the new address, the reason for the move, and a proposed revised visitation schedule.

What Happens if the Other Parent Objects?

The non-relocating parent has 30 days from the receipt of the notice to file an objection with the court.

• If an objection is filed, the parent wishing to move cannot relocate the child until a judge grants permission.

• If no objection is filed within the 30-day window, the relocation is generally authorized by law. While a parent who missed this deadline may still attempt to bring the matter to court later by filing for a modification of custody, they will face a much higher legal burden, as they must then prove that a "material change in circumstances" has occurred and that a new custody arrangement is in the child's best interest.

The Consequences of Relocating Without Permission

Relocating a child without following the proper notice and court procedures can have severe legal consequences. A judge may:

• Order the immediate return of the child to the previous jurisdiction.

• Consider the unauthorized move as a major factor in transferring primary custody to the other parent.

• Order the relocating parent to pay the other parent’s attorney fees and court costs.

Contact Moisant Law Firm

If you have questions about relocating with your child or need help responding to a relocation request, Moisant Law Firm assists parents with custody and relocation matters throughout Metairie, Jefferson Parish, and the surrounding areas. Relocation cases can be complex and often require careful attention to Louisiana law and court procedures. Our office can help you understand your rights, evaluate your options, and guide you through the legal process. If you would like to discuss your situation, contact Moisant Law Firm to schedule a consultation.

Legal Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Use of this information does not create an attorney-client relationship. Because family law and relocation statutes involve strict deadlines and specific "best interest" factors, you should consult with a licensed attorney in your jurisdiction before taking any legal action or allowing a child to be relocated.