QUESTION

Do I need to inform the court if I'm taking my child to another state?

Asked on Nov 16th, 2020 on Family Law - Louisiana
More details to this question:
I have primary custody of my son and live in Louisiana. His mother lives in North Carolina. I want to move to Georgia to be closer to friends, family, and for a better job. This move would make the 14 hour trip only a 6 hour trip. He would be able to see his mother more and she approves this move and is very happy for it. Do I need to alert the court that I am moving or is it fine with the mother's consent?
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1 ANSWER

DUI/DWI Attorney serving Lafayette, LA at Boustany Law Firm
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You do not have to involve the court unless the mother objects to the relocation, which based upon your explanation appears to be a more beneficial location to facilitate visitation and she would not object. The process for relocation under Louisiana Law is governed by Louisiana Revised Statute 9:355 and entails the relocating parent provide the other with written notice of their intent to relocate more than 75 miles from the primary residence or out of state. The notice should be sent sixty (60) days before the proposed relocation date and be sent registered or certified mail, return receipt requested, or delivered by commercial courier. The following information needs to be included with the notice: 1) your current mailing address; 2) the intended new residence, including the specific physical address; 3) the intended new mailing address, if not the same; 4) your telephone number; 5) the date of the proposed relocation; 6) a brief statement of the specific reasons for the proposed relocation; 7) a proposal for a revised schedule of physical custody or visitation with the child; and 8) a statement that the other parent is entitled to object to the relocation in writing within thirty days of receipt of the notice and should seek legal advice immediately. If no objection is not given in writing within thirty days of receipt of the notice to relocate, then you would be free to relocate. If you have any questions, would like assistance with preparing and delivering the notice of relocation, or if an objection is made to the relocation, I’d be more than happy to help. Please feel free to call my office at (337)237-0492 to set up a free consult.
Answered on Nov 18th, 2020 at 9:53 AM

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