What does Louisiana law say about relocating a child’s residence after divorce? (Part 3)

27
Nov
2017

What are the requirements under the Louisiana Relocation Statutes?

In part three of this four-part series, we will examine what you are required to do when you have custody of your child and want to propose a relocation of his or her residence.

What information are you required to share with your child’s other parent regarding your planned move?  According to La R.S. 9:355.5, the following information must be shared with the other parent:

  1. Your current mailing address;
  2. The mailing address of the proposed relocation location, if known;
  3. The physical address of the proposed relocation location, if known and different than the mailing address;
  4. Your home and cellular telephone numbers;
  5. The date of the proposed relocation;
  6. The specific reasons for the proposed relocation of the child;
  7. A proposed revised schedule of visitation with the child; and
  8. A statement that the other parent (the person entitled to object) shall make any objection to the proposed relocation in writing by registered or certified mail, return receipt requested, within thirty days of receipt of the notice and should seek legal counsel immediately.

 

How should this information be shared?  Items one through eight are required to be provided to the child’s other parent via certified or registered mail, return receipt requested, or delivered by a commercial carrier to his or her last known address.  According to Louisiana law, text messaging or emailing this information is not sufficient.

 

When should this information be shared?  This information is required to be provided to the other party no later than one of two dates: Either the sixtieth day before the date of the proposed relocation (if you know where you are going, etc.) or the tenth day after the date you know the information to be provided if you did not know or could not have reasonably known the information in time to provide sixty-days notice.  In other words, if you know the address where you and your child are moving and the phone number, then you must provide sixty-days notice.  If you do not know that information, and could not have reasonably known that information, then you must provide that notice as explained above within ten days of knowing the address, physical location and phone number.  Next blog post, we will examine what happens after you give notice to the other parent of the relocation and what the ramifications are if you don’t abide by the relocation statutes.

As notice requirements can become more complicated, please seek the advice of an experienced family law attorney to ensure you are in compliance with the Louisiana Relocation requirements.  At Stanley-Wallace Law, we are here to help!