Wow, you pack a lot of information into 3 short lines! The short answer is "Probably." Because he has visitation effective 6 months ago, there is an order in place. Therefore, 9:355.2 applies
9:355.2:
B. This Subpart shall apply to a proposed relocation when any of the following exist:
(1) There is intent to establish the principal residence of a child at any location outside the state.
(2) There is no court order awarding custody and there is an intent to establish the principal residence of a child at any location within the state that is at a distance of more than seventy-five miles from the domicile of the other parent.
(3) There is a court order awarding custody and there is an intent to establish the principal residence of a child at any location within the state that is at a distance of more than seventy-five miles from the principal residence of the child at the time that the most recent custody decree was rendered.
You should send notice via certified mail, return receipt requested, greater than 60 days from the proposed move. He has 30 days to respond in writing. If he fails to respond, then you're in the clear. BUT if he DOES respond, then you're going to court.
At court, you MUST be able to show that the move is in the best interests of the child and that you aren't moving JUST TO GET AWAY FROM HIM. This is important. Have your checklist of reasons why you're moving (better job, better schools, nicer house, moving in with grandma...whatever) ready to go.
And as always, if you're in the New Orleans area, dont hesitate to call The Civil Law Center, LLC at 504-342-4221.
Answered on Apr 23rd, 2014 at 11:28 AM