Child Relocation Laws in Louisiana
Louisiana child relocation laws are applicable when there is:
-intent to establish the principal residence of a child at any location outside the state.
-no court order awarding custody and there is an intent to establish the principal residence of a child at any location within the state that is more than 75 miles from the domicile of the other parent.
-a court order awarding custody and there is an intent to establish the principal residence of a child at any location within the state that is more than 75 miles from the principal residence of the child at the time that the most recent custody decree was rendered.
-is an intent to establish the principal residence of a child at any location within the state that is more than 75 miles from the domicile of a person entitled to object to relocation if either no principal residence of a child has been designated by the court or the parties have equal physical custody. See La. RS 9:355.2.
Notice of Child Relocation
Louisiana law requires a co-parent to provide written notification to the other co-parent of the proposed child relocation. See La. RS RS 9:355.4. The notice is sent at least 60 days before the proposed relocation by certified mail to the other co-parent. The notice shall contain the specific details surrounding the relocation which are specified by law. The co-parent who is subject to the notification has the right to object in writing via certified mail within 30 days of being notified. See La RS 9:355.5.
Failure to Notify Co-Parent
The notice of relocation is required per Louisiana law. The judge may consider the failure to notify the co-parent as a factor when adjudicating the relocation matter. The Court may also use the failure to notify as a basis for ordering the return of the child if the relocation occurred. The co-parent proposing the relocation is subject to pay reasonable expenses incurred by the other parent. See La RS 9:355.6.
Failure to Object Relocation by Non-Custodial Parent
The initial child custody jurisdiction is the parish in Louisiana where the child resided before the relocation. However, six months after the relocation the jurisdiction switches to the new residence. In other words, the co-parent opposing the relocation has six months to litigate the matter in Louisiana. Otherwise, the opposing co-parent will have to litigate in the new jurisdiction. See La. Rev. Stat. 13:1813.
For more information on child relocation laws and a free case evaluation call the Weiser Law Firm, LLC at 504.3583.2273.