Relocation Relocation means a change in the principal residence of a child for a period of sixty days or more. A temporary absence from the principal residence is not a relocation. In short, relocation is a permanent change of the child's physical address -- moving.
Person entitled to notice of intent to relocate In some cases, a legal parent or other person with court-ordered custody rights is entitled to notice before relocation of their minor child's home. The terms of the custody judgment and the type of relocation determine whether notice is required.
Person who can propose relocation A person who can propose relocation is a person with certain court-ordered custody rights, or, if there is no court order of custody, a parent with "equal parental authority."
Principal residence of a child The "principal residence" means the primary home. That may not always be the place where the child lives most of the time. A custody order or express agreement can state the principal residence. Otherwise, the law determines the place of principal residence.
The principal residence might be stated in an existing court custody order. If there is a court order that states the address of the child's home, that address is the child's principal residence.
What if there is no court order? If the parents have expressly agreed on an address where the child will live, that is the child's principal residence. An "express agreement" is usually proven by a written document. The written document does not need to be a formal document. It could be an email, text message, or other letter confirming the address is acceptable to the other parent.
The principal place of residence if there is no court order or express agreement
What if there is no court order or express agreement? The child's principal place of residence is the location, if any, at which the child has spent the majority of time during the prior six months.
Notice of Intent to Relocate A Notice of Intent to Relocate is a formal letter that tells a child's other parent or a person with custody rights under a court order that the person sending the notice wishes to relocate a child's principal place of residence. For details, read "What Information Goes in a Notice of Intent to Relocate?"
Objection to Notice of Intent to Relocate An objection is the word for formally expressing disagreement in a legal proceeding. In a relocation proceeding, Louisiana Revised Statute 9:355.7 provides the person receiving the notice a way to object to the proposed relocation.
How and When to Make an Objection
A person who is entitled to object to a proposed relocation of the principal residence of a child shall make any objection within thirty (30) days after receipt of the notice. The objection shall be made in writing by registered or certified mail, return receipt requested, or delivered by the commercial courier as defined in R.S. 13:3204(D), to the mailing address provided for the person proposing relocation in the notice of proposed relocation.