Relocating With a Child

If you plan to move a considerable distance or out of state with your child without the other parent’s full consent, there may be certain procedures you have to follow. A series of Louisiana Revised Statutes starting with 9:351.1 lay out the rules for relocating a child.

If the law requires you to give notice to another parent or custodian of a child about your intended move, you are required to give 60 days notice. If it is an emergency and you couldn’t have known about the move in time, then you have 10 days from when you found out.

Here is what La RS 9:355.5 requires you to send:

1) your current mailing address
2) the address of your new residence if known, or as specific information as you have
3) the new mailing address if it isn’t the same
4) your home and cell phone numbers
5) the date you plan to move
6) a statement of the reasons for the move
7) a proposal for a revised schedule of custody or visitation with the child
8) a statement that they shall make any objection to the proposed relocation in writing by registered or certified mail, return receipt requested, within thirty days of receipt of the notice and should seek legal advice immediately.

If you don’t have all this information when you send the notice, you have a continuing duty to provide it as soon as it is known to you.

If you don’t follow these rules and move anyway, it will look very bad for you in a future custody proceeding and could be the grounds to lose custody altogether. So, be careful before you move and talk to an attorney.

Give us a call if you have more questions.

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