After a divorce, a parent may want to relocate for a better job, to be closer to family, or to begin a new chapter in life. When children are involved, however, moving is not always a decision one parent can make independently.
Louisiana law places specific restrictions on certain relocations involving children, and a parent may need to provide formal notice or obtain court authorization before moving.
The rules can apply even when one parent has primary physical custody.
What Does Louisiana Law Consider a Relocation?
Louisiana’s child relocation laws are found in Louisiana Revised Statutes 9:355.1 and following.
Generally, the statutory relocation rules can apply when a child’s principal residence is being moved outside Louisiana or, in certain circumstances, more than 75 miles within the state.
The applicable requirements depend on factors such as the child’s existing principal residence, the parents’ legal rights, and any custody orders.
A parent should not assume that a move is unrestricted simply because it is within Louisiana.
Do I Need the Other Parent’s Permission to Move?
Depending on the circumstances, a parent proposing relocation may need written consent from another person with legally recognized custody or visitation rights or authorization from the court.
Louisiana law generally requires advance written notice of a proposed relocation. In many cases, notice must be provided at least 60 days before the intended move, although the statute addresses situations in which that timing is not reasonably possible.
The notice must include specific information, and the other parent may have the right to object.
A parent considering relocation should review the applicable requirements before signing a lease, accepting a new position, or making permanent moving arrangements.
What Happens If the Other Parent Objects?
If the other parent properly objects, the proposed relocation may become a contested court matter.
The parent seeking to relocate generally has the burden of proving that the proposed move is made in good faith and is in the child’s best interests.
Courts consider statutory factors, including the child’s relationships with parents and other important people, the reasons for the move, the potential impact on the child’s development, and the feasibility of preserving meaningful contact with the nonrelocating parent.
A better-paying job or an opportunity to live near extended family may be relevant, but neither automatically guarantees permission to relocate.
Can a Parent Move Without Court Approval?
Moving a child without complying with applicable relocation requirements can have serious consequences.
Depending on the circumstances, a court may order the child’s return, modify custody arrangements, or consider the parent’s conduct in later proceedings.
The safest approach is to resolve relocation issues before moving the child.
What If the Parent Has Sole Custody?
Sole custody can affect which statutory requirements apply, but the precise language of the custody judgment and the applicable relocation provisions matter.
A parent should not rely solely on the label of a custody arrangement when deciding whether permission or notice is necessary.
Yes. Relevant social media content may be considered if it meets applicable evidentiary requirements. The importance of a particular post depends on its relationship to the child’s best interests.
Potentially. Screenshots may be admissible if they can be properly authenticated and satisfy other evidentiary rules. Their accuracy and completeness can also be challenged.
Yes. An expectation of privacy does not automatically prevent a message from being introduced in court, although how the message was obtained may raise separate legal issues.
Not without discussing the decision with your attorney. Deleting accounts or content could create evidence-preservation concerns.
Get Legal Guidance Before Relocating With Your Child
Relocation disputes can affect custody, visitation, school arrangements, and the child’s relationship with both parents. Addressing the legal requirements before moving can help prevent unnecessary litigation and serious complications.
Veazey Felder represents Louisiana parents in child custody and relocation matters. Contact the firm to discuss a proposed move or an objection to relocation