Child Relocation

One controversial issue in child custody today is relocation of the child by one parent, when there is no notification or consent of the other parent. Sometimes parents believe they get the upper-hand by moving the child away, when in fact they could be putting their own rights at risk by failing to follow proper procedure, not to mention the harm it could ultimately cause the child.

Relocation Defined

Louisiana Law, RS 9:355.1, defines "Relocation" as:

(a) Intent to establish legal residence with the child at any location outside of the state.

(b) If there is no court order awarding custody, an intent to establish legal residence with the child at any location within the state that is at a distance of more than one hundred fifty miles from the other parent. If there is a court order awarding custody, then an intent to establish legal residence with the child at a distance of more than one hundred fifty miles from the domicile of the primary custodian at the time the custody decree was rendered.

(c) A change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence.

Relocation Properly Done

In Louisiana, a parent can not and should not relocate a child's residence without providing the other parent a Notice of Relocation. The parent may also have to submit a Motion to Effect Relocation, if the court requires or if it is likely that the other parent will oppose the move. An opposing parent may object to the move by filing an Objection to Relocation.

LDC offers a Notice of Relocation form and Motion to Effect Relocation, and Objection to Relocation forms, complete with instructions and outline of factors the court will consider at the hearing. Visit LouisianaDivorceCourt.com to order yours.