Relocating With A Child

The principal residence of a child is defined as:

1. The home officially designated by a court as the child’s primary residence.
2. If there’s no court order, it’s the place where both parents have agreed the child will live most of the time.
3. If there’s no court order or agreement, it’s where the child has spent most of their time in the past six months.

A “relocation” of a child’s residence refers to moving the child’s primary home for 60 days or longer. Temporary absences, like short trips, do not count as relocation.

The following people are allowed to propose relocating a child’s home, as long as they follow the legal notice requirements:

1. A person who is the sole custodian under a court order.
2. A domiciliary parent (primary parent) in a joint custody arrangement.
3. A person who shares equal physical custody under a court order.
4. A person who shares equal parental authority under Louisiana Civil Code rules.
5. A natural guardian (tutor) of a child born outside of marriage.

To notify the other parent or guardian about a planned relocation, the following steps must be followed:

1. Send written notice: The person proposing the relocation must send a notice by registered or certified mail (with a return receipt) or via a commercial courier to the last known address of anyone entitled to notice.
2. Timing: The notice must be sent at least 60 days before the planned move. If there wasn’t enough time to give 60 days’ notice, the notice should be sent within 10 days of receiving the necessary information.
3. Contents of the notice: The notice must include:

• The current address of the person proposing the move.
• The new residence address (if known) and the mailing address.
• The home and cell phone numbers (if known).
• The date of the planned move.
• A brief explanation of the reason for the move.
• A proposal for a new custody or visitation schedule.
• A statement that the person receiving the notice has 30 days to object in writing by registered or certified mail and should seek legal advice.

If proper notice of relocation is not given, the court may take the following actions:

1. Consider it when deciding on the relocation: The lack of notice can negatively impact the court’s decision on whether to allow the move.
2. Order the child to be returned: If the relocation happens without notice or court approval, the court can require the parent to return the child to their previous residence.
3. Require the relocating parent to cover costs: The court may require the relocating parent to pay reasonable expenses incurred by the person who objects to the move. 

To object to a relocation, a parent or guardian must follow these steps:

1. Submit a written objection: The objection must be sent in writing by registered or certified mail (with a return receipt) or through a commercial courier to the address provided by the person proposing the relocation.
2. Timing: The objection must be sent within 30 days of receiving the notice of relocation.
3. Exceptions for equal physical custody: If the person objecting has equal physical custody of the child, they do not need to formally object through this process. Instead, their rights are addressed differently. Before moving, the relocating parent must either get court approval after a hearing or receive written consent from the other person. 

The parent proposing relocation must prove the move is being done in good faith (i.e., not to interfere with the other parent’s relationship with the child) and that it is in the best interest of the child. Valid reasons for relocation include employment opportunities, family support, or educational opportunities for the child.

When deciding whether to approve a proposed relocation, the court considers various factors to determine what is in the child’s best interest, including:

1. The relationship the child has with the parent proposing the move, the parent staying behind, siblings, and other important people in the child’s life.
2. The child’s age, development, and how the move might affect their physical, educational, and emotional well-being.
3. The feasibility of maintaining a strong relationship between the child and the non-relocating parent, considering travel distance and costs.
4. The child’s opinion about the move, depending on their age and maturity.
5. Whether either parent has shown a pattern of promoting or interfering with the child’s relationship with the other parent.
6. How the move will affect the child’s overall quality of life, including financial, emotional, and educational benefits.
7. The reasons each parent supports or opposes the move.
8. The parents’ current employment and financial situation, and how the move might impact the child.
9. Whether the objecting parent has fulfilled their financial obligations, such as child support.
10. Whether it’s possible for the objecting parent to move as well.
11. Any history of substance abuse, harassment, or violence by either party, and whether attempts at rehabilitation have been made.
12. Any other relevant factors that may impact the child’s best interest.

If both parents have equal physical custody, one parent cannot relocate the child’s home without:

1. Written consent from the other parent agreeing to the relocation, or
2. Court approval after a hearing where both sides present their case.

The court will review the relocation request and make a decision based on what is in the best interest of the child, following the legal factors considered in such cases.

Non-parents, such as grandparents, can only object to a relocation if they have been granted custody of the child by the court. If they have only been granted visitation rights, they cannot formally object to the relocation, but they can request changes to the visitation schedule to accommodate the move.

If a person makes a frivolous or baseless relocation request (or objects to a relocation without proper legal grounds), the court may impose the following penalties:

1. Penalties for harassment or delays: If the court finds that the request or objection was made to harass the other party, cause unnecessary delays, or increase litigation costs, it can take action to prevent similar behavior in the future.
2. Financial consequences: The court may require the offending party to cover reasonable expenses and attorney fees incurred by the other party as a result of the frivolous or baseless request or objection.