Perhaps you’ve determined that you have the right under Louisiana law to move with your child away from your ex-spouse. You’ve determined the exact distance that you are allowed to relocate your child to, and you’ve given the child’s other parent notice of the move. What happens now?
What happens after you give notice?
The next step in the process depends on two things – the type of custody agreement you have, and whether your ex-spouse objects to your move. Here are some basic ideas of what to expect:
- If you and the child’s other parent have equal custody, Louisiana law dictates that you must obtain one of the following:
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- a court order that you can move
- or “express written consent” from the other parent
- If you and the other parent do not have equal custody of the child – for example, you have joint custody and are the domiciliary parent – then the other parent must object in writing (as explained in our other blog post).
- If an objection is received, then the parent requesting the move must file a motion to relocate the child’s residence within thirty days of receiving the objection. In order to get approval to relocate the child (over the objection of the other parent), then the court must hold a contradictory hearing and must find that the proposed relocation is made in good faith and is in the best interest of the child.
- If no objection is received, then the party requesting to relocate with the child, may relocate.
What happens if you don’t give notice and move anyway?
If you decide to ignore the Louisiana Relocation statutes and move your child without following the law, the Court may consider that as one of the following (quoted from La. R.S. 9:355.6):
- 1) A factor in making its determination regarding the relocation of the child;
- 2) a basis for ordering the return of the child if the relation has taken place without notice or court authorizations;
- 3) sufficient cause to order the person proposing relocation to pay reasonable expenses incurred by the person objecting to the relocation.
Clearly, there are some serious consequences to not following the relocation statutes. You may be forced to move back, pay the expenses of the child’s other parent, and the move may result in a change in your custody arrangement (i.e. less time with your child). The Stanley-Wallace Law Firm highly recommends all parties in all cases to comply with all Louisiana law.
Get Legal Help Today
If you are thinking of moving the residence of you and your child, you should always get the opinion of an experienced family law attorney. Although some of our blog posts have provided you with a basic knowledge of the requirements that you face if you would like to move your child’s residence, Louisiana custody law is complicated. At Stanley-Wallace Law, we have years of experience handling these types of cases for our clients. Contact us today to schedule a consultation so that we can help you navigate these steps.
