Relocation Cases

Baton Rouge Family Law Attorney Offering Legal Support

When people with minor children get divorced, they are required to set up child custody arrangements. One parent might have sole custody while the other parent simply has visitation rights, or both parents might share custody. One heated issue that sometimes comes up in these types of situations is the issue of relocation. This happens when one parent wants to move somewhere a great distance away (either in-state or out-of-state) with his or her child. Petitions for relocation tend to be met with fierce opposition from the other parent who is usually not willing to lose his or her ability to visit with the child. There are various factors that the court takes into account when deciding whether or not to allow a relocation to occur. The court must carefully balance the child's wellbeing, the custodial parent's right to move and the quality of the other parent's relationship with the child.

If you are dealing with a relocation case (regardless of what side you are on), you can turn to my law firm, The Law Office of Wendra J. Moran, for high-quality legal counsel. I am a Baton Rouge family law attorney who can help you build a case and present your arguments to the court concerning why your child should or should not be relocated.

Louisiana's Definition of Relocation

According to Louisiana law, if there is a child custody order in place, a relocation is defined as moving the child more than 75 miles away from his or her existing primary residence, or moving the child out of the state. If there is no child custody order in place, relocation means moving the child more than 75 miles away from the other parent's residence, or moving the child out-of-state. Only parents who have sole custody, primary physical custody or equal physical custody can seek a relocation. When the custodial parent wishes to relocate with a child, he or she must notify the other parent in advance. Upon receiving this notice, the other parent has 30 days to object to the relocation.

How are relocation cases decided?

In relocation cases, the parent making the request for relocation has the burden of proving in court that the request is being made in "good faith" and that the move is in the child's best interests. The court will consider numerous factors when deciding whether or not to approve a relocation request. Some examples include the child's age and maturity, the child's specific needs, the expected impact on the child's development, the expected impact on the child's quality of life, the nature of the child's relationship with both parents and any siblings or other key individuals, the ability to maintain a healthy relationship with the non-relocating parent, each parent's reasons for seeking or opposing a relocation, etc. Click here to learn about a relocation case that I won for a client in the past.