After a divorce, some people want to move away for a fresh start (or to have more distance from their ex). But if you have children, moving becomes more complicated. If you are allowed to propose a relocation of your child’s principal residence, then there are some obligations you must meet to keep your ex-partner informed. Read on to learn what these requirements are.
What information should you share?
You have to keep your child’s other parent up-to-date regarding your plan to move. Louisiana law requires parents should share the following information with their ex-spouse:
- Current mailing address
- Mailing address of the proposed relocation location (if you have a specific place)
- Physical address of the proposed relocation location (if it’s different than the mailing address)
- Your home phone and cell phone numbers
- Date of the proposed relocation
- Specific reasons for the proposed relocation of the child
- Proposed revised schedule of visitation with the child
- Lastly, a statement that the other parent should send any objection to the proposed move in writing by mail (with a return receipt) within thirty days, and that they should seek legal counsel, as well
This last point is the other parent’s opportunity to object to your proposed move. But they have to make this objection in writing and send it to you by mail, and you have to alert them to these terms, as well. Additionally, you should let them know they need to hire an attorney if they’re going to object to your terms.
How can you share this information?
So now you know what to tell your ex, but how can you tell them? Louisiana law requires you to send all of the above information to the child’s other parent via certified or registered mail ( with a return receipt requested!). You could also have it 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 you share it?
You need to let the other party know this information no later than one of two dates:
- 60 days before the date of the proposed relocation (if you know where you are going, etc.); or
- 10 days after the date you know the information you need to send to your ex (if you did not know or could not have known in time to provide sixty-days notice).
In other words, if you know the address where you and your child are moving and all the other information required, 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 make that clear within ten days of knowing the address, phone number, etc.
Now that you have an idea of your obligations about moving your child after a divorce and who is allowed to propose a relocation, the last thing you need to learn is 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.
Get Legal Help Today
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 happy to help your family move forward in accordance with Louisiana law. Contact us today at (985) 288-4621 to schedule your consultation.