Relocating With A Child

The principal place of residence includes: 

1. The primary residence of the child that the court has ordered;

2. The location where both parents, either in writing or verbally, have previously agreed that the child will live. For example, you might have decided together that you intended to keep the child in a specific residence in order to keep him/her in the same school.

3. The location where the child has spent the majority of time during the last 6 months when there is no court order and no express agreement between the parties.

If you have a custody order that does any of the following, you have the right to propose moving your child: (1) names you the sole custodian, or (2) names you as the domiciliary parent in a joint custody arrangement, or (3) awards both parents shared equal physical custody. 

If there is no custody court order, but you share equal parental authority, you have the right to propose moving your child. 

Additionally, a natural tutor of a child born outside the marriage can also propose to move the child. Tutors are often appointed when a child's parents get divorced or when one parent dies. The tutor of a child can be parents, other relatives, or court-appointed caregivers – it ultimately depends on the events that have occurred.

The moving parent has to provide notice at least 60 days before the move is scheduled to occur. In the alternative, in rare circumstances, if the relocating parent did not and could not reasonably have known the required notice information in time to provide a 60-day notice, and if it's not reasonably possible to extend the time for relocation, notice can be provided no later than the 10th day after the date the relocating parent has all the required information.

The law generally requires that a parent who wishes to relocate with a child provide notice of the proposed relocation to all parties who have custody or visitation rights. If multiple people have equal physical custody of a child, then a parent must get either court authorization to relocate, have a contradictory hearing, or the express written consent of the other person. 

There may be certain situations where you do not need to send a notice. This includes: 

1. There is an express written agreement between the parents or persons with custody rights under a current court order. 
2. The proposed relocation location is both:

   • (A) inside the state of Louisiana and

   • (B) within seventy-five (75) miles from the child's current primary home. 

3. There is a qualifying protective order in effect.

If you are unsure whether your case meets one of the exceptions above, you should talk to a lawyer. It is appropriate to use the legal process for the relocation of a minor child, to be safe. 

If a relocating parent fails to provide notice to the other parent, the following things can happen:

• The judge can consider the failure as a factor in deciding whether to allow relocation.
• If the relocating parent has already taken the child away, the judge can use the failure as a basis to order the relocating parent to return the child immediately.
• The judge can deem the failure sufficient cause to force the relocating parent to pay the non-relocating parent's legal expenses.

If the non-moving parent receives notice and doesn't agree to the move, that parent has to make an objection within 30 days of receiving the notice. The non-relocating parent has to write down the objection and send it to the relocating parent via registered or certified mail, return receipt requested, or have it delivered by a commercial courier. However, a parent with equal physical custody doesn't have to make a written objection.

If the other parent wants to move away with your kids and you object, you absolutely must write and deliver your objection within 30 days of receiving notice. If you don't, the relocating parent can initiate a summary court proceeding (meaning, a quick hearing that the non-relocating parent won't participate in) and the judge will then allow the move.

If a non-relocating parent objects to the move, the relocating parent has to set up a "contradictory hearing," which is a kind of trial where the court considers testimony and evidence about whether the move is in the child's best interests and whether it should be allowed or blocked. At trial, the burden of proof is upon the relocating parent to show that the move is being made and that it serves the best interests of the child. The court will schedule a trial within 60 days.

When the non-relocating parent objects to a move, the relocating parent may not take the child away from the current principal residence until a judge has made a final decision. The only exception would be if the court agreed to a request from the relocating parent to issue an "interim" (temporary) order allowing the move before there's a final decision. If a judge gives a relocating parent a break by letting that parent move before the final disposition of the case, the order will be conditioned on the parent's promise not to disrupt the other parent's scheduled visitation time. The relocating parent also has to agree to return the child to the original principal location if the move is ultimately denied.

At trial, the judge will listen to testimony and consider evidence about whether the move is in the child's best interests. The court will consider these factors regardless of whether it's making an initial (first) custody decision or whether it's modifying a previous custody and visitation order.

If the court needs help or more information to determine the child's best interests, it can appoint an independent mental health expert to investigate and make a follow-up report.

When the trial is complete, the judge will apply the facts to the law and issue an order either allowing or denying the request to relocate the child.