Baton Rouge Move Away and Relocation Attorney

Baton Rouge Move Away and Relocation Attorney

There are many reasons why a parent may want to move from Baton Rouge, LA, but having primary custody of your children can make the relocation process more complex. Louisiana law has specific requirements for parents moving a significant distance from their main home, and parents need to ask permission from their co-parent or from the court.

In some cases, a relocating custodial parent may genuinely be moving for the child’s interests, but it may still harm the child’s relationship with their other parent. If a non-custodial parent objects to a relocation or move-away, a specific legal process needs to be followed by both parents.

At Magnolia Law, we can help you follow the correct legal process for relocation. Or we can help you contest relocation requests made by your co-parents. We understand that child custody and managing a co-parenting schedule is stressful, and we want to support you through the process. Moving and life changes are incredibly stressful for parents and for children. Let the experienced and compassionate attorneys at Magnolia Law make the transition easier. We work to provide effective legal counsel in many areas of family law.

What Is the Relocation Law in Louisiana?

Relocation laws in Louisiana apply when either parent with custody of a child plans to relocate to one of the following places:

• Outside the state of Louisiana
• More than 75 miles from the child’s primary residence
• More than 75 miles away from the other parent’s home, if there is no custody order

Though many parents relocate with their children to provide new opportunities or better living for them, there are, unfortunately, parents who relocate with their children out of spite for their co-parent.

Once a custody agreement is entered into the court, the court has jurisdiction over changes to the order, including relocation that affects the order. The court can allow or deny relocation requests or provide conditional approval. If the other parent doesn’t agree to a relocation, there is a specific court process, and the court expects more from the parent who wants to move.

Understanding the Child’s Primary Residence in Relocation

The child’s primary residence refers to the main home they live in, which is generally the home of the parent with primary custody. This may be court-designated or agreed on by both parents as the primary location. If there is no agreement or order, the child’s primary residence is where they’ve spent the most time in the last six months.

A relocation or move-away is when the child’s residence changes for 60 days or more but doesn’t include temporary absences. Relocation laws apply when the child is moved from their primary residence for that period of time.

Providing the Other Parent Notice of Child Relocation in Baton Rouge, LA

Under Louisiana law, the custodial parent has a legal responsibility to inform their co-parent about upcoming relocation plans. This notice of relocation has to be provided at least 60 days before the scheduled moving date.

If the custodial parent could not have reasonably known that this information was required or didn’t have the time to provide the information in those 60 days, the time could be extended. In these cases, the notice must be provided in 10 days or less after the parent gathers all the necessary information. The information required in the notice includes:

• The moving parent’s current mailing address
• The intended new primary residence and the physical address if the parent knows it
• The intended home’s new mailing address
• The home and cell phone numbers of the moving parent
• The date the parent is proposing to move
• A statement outlining why the child is being relocated
• A potential new schedule for custody and visitation that works around the relocation
• A statement saying the non-moving parent can use their right to object within 30 days and should seek legal counsel

If any of these details change, the moving parent should update the notice as soon as they can. If the moving parent fails to provide notice of relocation, the court can do the following:

• Consider it as a factor when allowing or denying relocation,
• Require the parent to return the child if the move has already occurred, or
• Consider the failure to give notice as a reason for the moving parent to pay their co-parent’s legal fees.

Why Do I Need a Family Law Attorney for a Move-Away Case?

Even if you and your co-parent were amicable during separation or divorce proceedings, relocation and child custody issues could lead to disagreements. One or both parents can have very emotional reactions to relocation, and this can create stressful and contentious situations. The non-moving parent may be worried about relocation harming their relationship with their children, while the moving parent may believe that a move is right for their children. A move-away and relocation attorney can help mitigate some conflict and ensure that your parental rights are honored.

Even if both parents agree on the move, it can be difficult to determine a custody and visitation schedule. The changes still have to be approved as fair by the court, and it can be overwhelming for many parents. An attorney can help you negotiate a fair new plan and lessen the stress of the legal process.

The family law court system is complex, and it’s essential that your children’s interests are looked after throughout the process. An attorney can help you do the process of filing or opposing relocation correctly and advocate for your wishes during a hearing if necessary. When you bring your relocation case to a compassionate attorney, you’re looking out for your children and your family’s needs.

What Happens When One Parent Contests a Relocation?

When the moving parent sends the notice of relocation, the non-moving parent must respond within 30 days. Otherwise, the moving parent can begin a summary hearing without the non-moving parent and have the move approved by the court.

If an objection to relocation is filed, the parent who wishes to relocate can file for a contradictory hearing. At this hearing, the court will hear evidence from both parents on whether the move should be allowed or denied. The burden of proof rests on the moving parent. The court will determine relocation allowance based on the child’s interest above anything else.

Work With Our Baton Rouge Relocation Lawyers

It’s essential to follow the right legal steps and deadlines when petitioning for or contesting relocation. Contact Magnolia Law today to see how we can help with your move-away case.