Louisiana Move-Away Laws: What You Need to Know
Relocating with a child after a divorce is not a simple process. The details of your court-ordered child custody agreement play an important role in deciding if a move is even possible. Therefore, before you accept a new job or pack any boxes, it is best to discuss your plans with a Louisiana family law attorney.
Primary Residence
At the core of your custody agreement is a determination of your child’s primary residence. The parent with whom the child resides has a legal responsibility to notify the other parent of their plans to relocate.
A move across town is quite different from a move that is a significant distance or out of state. Two important factors the court considers are:
- The relocation is for a time of 60 days or longer.
- The relocation is 75 miles or more from the child’s current primary residence.
If there is no court order regarding your child’s custody arrangement, the process is somewhat different. A mutually agreed-upon primary residence for the child plays a role in determining if a parent can relocate. If no agreement exists, the primary residence is the resident where the child resided for the previous six months.
Regardless of the type of agreement you have or do not have, relocation is an issue family courts take very seriously. A change in schools, distance from friends and family, along with possible adjustment to a new, blended family are all important considerations.
Understanding your rights is crucial for maintaining custody. At Betsy A. Fischer, LLC, we understand Louisiana family law and its application to child custody and relocation. Contact us today for help with your planned move for you and your child.
Types of Custody Agreements That Can Affect Your Plans
Protecting your child’s best interests is essential during this life change. Therefore, if your relocation request proceeds to court, a judge may consider the following factors before granting your request:
- The age of the child: The possible impact of such a move on the child emotionally and psychologically.
- What the child desires: This may apply when the child is old enough and mature enough to share their wishes.
- Relationship with the other parent: Whether the move affects the child’s ability to maintain a relationship with their other parent.
- Parental economic status: The impact of the relocation regarding a parent’s ability to provide for the child.
- If a parent has ill intent for the move: A review of parental behavior to determine if the desire intentionally affects the child’s relationship with the other parent.
Both parents can act with ill intent when it comes to relocation involving a child. For example, the opposing parent may prevent the move due to their hostility for the other parent. A judge can easily spot when hostility among parents is paramount over the needs of a child.
At the heart of each case are the best interests of the child. If you desire to relocate for a new marriage, job, or a fresh start, contact Betsy A Fischer, LLC today for help with your case.
The list of reasons a judge may consider is much longer than the list posted here. Betsy A. Fischer, LLC, has more than 27 years of experience helping parents like you in similar situations. This experience helps her prepare for a variety of both expected and unexpected scenarios in child relocation cases.
Protect your best interests and that of your child by reaching out to Betsy A. Fischer, LLC, as soon as possible. Moving is stressful enough without the added pressure of child custody issues. Get the help you need by contacting us today.
Your Louisiana Move-Away Lawyer
No matter how amicable your divorce was, issues involving children can escalate quickly. Emotions can run high as you discuss relocating with your child. The opposing parent may experience fear or anxiety about the distance now between them and their child.
Custody issues are almost always complex. However, one parent should not stop another from living their best life if the new life does not negatively impact the child.
Many children are too young to express — or to know — their desires. Therefore, a decision to relocate requires careful thought and consideration when it involves children. Betsy A. Fischer, LLC provides the guidance you need as you contemplate a major life change.
Moving is a big job that requires an extensive list of tasks. It is emotionally exhausting as you say goodbyes to friends and deal with the details of a new home. Additional stress like that of a custody issue only adds to your exhaustion.
Let the staff at Betsy A. Fischer, LLC help you through the move-away process. Then, upon a careful review of your custody agreement, we can determine the best steps for moving forward in accordance with Louisiana law.
Contact Betsy A. Fischer, LLC Today
Time passes very quickly as you plan your move. However, for parents accepting a new job, the employer may set a specific start date that requires a fast move. At Betsy A. Fischer, LLC, we can start to work on your custody move-away concerns immediately.
Preparing for your relocation is much more challenging if the other parent opposes the move. Help us better prepare your case by reaching out to us without delay.
Our team has the experience and skills necessary to help you through this difficult time. We understand that a variety of emotions come with changing where you live. The excitement you feel about a new job, or your desire to start over depends upon the outcome of your child custody issue.
Betsy A. Fischer, LLC stands ready to assist you with your move-away request and notification. If you are contemplating a move involving a child from a divorce, make sure you protect your child’s best interests by contacting us today.