Life is full of changes. People get new jobs, new relationships and new ideas for their futures. Many of these changes require moving from one state to another; however, when child custody orders are in place, there are limits on what parents can do without permission from the other parent and/or the court.
If your ex is planning to move away with the child you share custody of, then you should know that you have rights and the court has final say over the matter. The other parent usually cannot decide to move out state with the child without permission from you and/or the court.
In the state of Louisiana, a parent who wishes to move out of state with the child must give the other parent notice of her intent to leave at least 30 days before she plans on moving, which gives the other parent time to contest the move.
If the other parent contests the move — or opposes it — then the court will have final say over whether the move should take place. In making this important decision, the court will consider many factors, including the parent’s reason for wanting to move, the child’s relationship with both parents and the feasibility of staying in close contact with both parents after the move.
Ultimately, the decision is made based on the best interests of the child, not the parents.
If the parent moves with the child without providing the other parent with notice, then it is very likely that the relocation will be denied by the court. He or she could even lose custody rights.
It’s important to work with an experienced family law attorney if your ex is seeking to move away with your child and you don’t want the move to happen. Your attorney can provide you with guidance throughout this legal process and help you show the court why the child should remain in Louisiana.