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Relocating with Kids During or After Divorce in Louisiana

Marie Hillman • Jan 10, 2017

A question that I am often asked during the divorce process when children are involved is – “What if I want to move somewhere else?” or […] The post Relocating with Kids During or After Divorce in Louisiana appeared first on Hillman Law Firm.

A question that I am often asked during the divorce process when children are involved is – “What if I want to move somewhere else?” or “ Can he/she move away with the kids?” Be aware that this can become one of the most highly disputed and contested issues in a divorce case and that the other parent may fight relentlessly if a move is proposed.

Louisiana provides a clear definition of how far you can move without getting the courts involved or asking permission from the other parent. In Louisiana, if there is a child custody order in place, a relocation is defined as moving the child more than 75 miles away from the child’s existing primary residence or out of state. If there is no child custody order in place, relocation is defined as moving the child more than 75 miles from the other parent’s residence or out of state.

Only a parent who has sole custody, primary physical custody or equal physical custody can seek relocation with the children. Advance proper notification must be given to the other parent. After receiving notification, the non-moving parent has thirty days to object. If an objection is made, then the parent who wishes to move must seek approval from the court before moving. The parent requesting the move must show that the request is being made in “good faith” and that the move is in the children’s best interest. Many factors are considered such as the child’s age and maturity, specific needs of the child, nature of child’s relationship with both parents and siblings or extended family, impact on the child’s quality of life, ability to maintain relationship with the non-relocating parent and each parent’s specific reasons for seeking or opposing the relocation.

If you are facing this issue/situation, I highly recommend that you seek legal counsel. Moving without court approval can be very damaging to your case.

Contact me for more advice and to set up a consultation: marie@hillmanplc.com

Disclaimer:  The information contained in this article is for general information purposes only. Nothing in this article is or should be considered legal advice. The information in this article is not intended to create an attorney-client relationship, and viewing or receipt of information from this article does not create an attorney-client relationship.

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