Relocation custody cases in Louisiana can be complex and emotionally charged. When a custodial parent wishes to move with their child, especially beyond 75 miles from the other parent, they must navigate specific legal procedures. This guide provides clear steps and considerations to help you succeed in such cases.
Understanding Louisiana’s Relocation Laws
In Louisiana, any parent seeking to relocate with their child must adhere to the state’s relocation statutes. These laws are designed to protect the child’s best interests and ensure both parents maintain meaningful relationships with their child.
Key Points:
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Distance Matters: Relocation is defined as moving the child’s principal residence more than 75 miles from the other parent’s residence or out of state.
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Notice Requirement: The relocating parent must provide written notice to the other parent at least 60 days before the intended move. This notice should include the new address, reasons for the move, and a proposed revised custody schedule.
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Objection Period: The non-relocating parent has 30 days to object to the proposed move. If they do, the relocating parent must seek court approval through a contradictory hearing.
Steps to Strengthen Your Case
To improve your chances of winning a relocation custody case, consider the following strategies:
1. Provide a Compelling Reason for the Move
Courts look favorably upon moves that benefit the child. Valid reasons include:
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Employment Opportunities: A new job that offers better financial stability.
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Educational Benefits: Access to superior schools or programs.
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Family Support: Proximity to extended family who can assist with childcare.
2. Demonstrate the Move Serves the Child’s Best Interests
The child’s well-being is paramount. Highlight how the relocation will positively impact their:
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Emotional Health: Being closer to supportive family members.
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Educational Growth: Enrollment in better academic institutions.
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Overall Stability: Improved living conditions and community environment.
3. Propose a Viable Visitation Plan
Ensure the non-relocating parent maintains a meaningful relationship with the child by:
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Offering Extended Visits: During school breaks or holidays.
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Facilitating Communication: Regular video calls or phone conversations.
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Sharing Travel Costs: Assisting with transportation expenses for visitation.
Legal Considerations
Understanding the legal framework is crucial:
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Burden of Proof: The relocating parent must prove the move is in the child’s best interest.
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Court’s Evaluation Factors: Judges consider:
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Child’s Relationship: With both parents and other significant individuals.
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Impact of Move: On the child’s physical, emotional, and educational development.
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Feasibility of Maintaining Relationships: Between the child and non-relocating parent post-move.
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Reasons for Relocation: And any history of promoting or hindering the child’s relationship with the other parent.
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Common Mistakes to Avoid
Avoid pitfalls that can weaken your case:
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Failing to Provide Proper Notice: Not adhering to the 60-day notice requirement can negatively impact your case.
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Moving Without Court Approval: Relocating before obtaining court consent can lead to legal repercussions.
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Lack of Preparation: Not presenting a well-thought-out plan for the child’s welfare post-move.
Conclusion
Winning a relocation custody case in Louisiana requires thorough preparation, clear communication, and a focus on the child’s best interests. By understanding the legal requirements and presenting a compelling case, you can navigate this challenging process more effectively.