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Relocating Your Child – Do you Need his Consent?

So you are relocating next month and want to take your child with you? Even if there is no custody judgment in place, Louisiana law says “not so fast”. There are notice requirements if relocating:

  • Takes your child out of state.
  • Keeps your child in Louisiana but moves him or her more than 75 miles away from her principal residence.

In these situations, you must give notice to:

  • Any person “recognized as a parent” and
  • Any other person awarded custody or visitation.

You must send this notice by registered or certified mail (return receipt requested) or by commercial courier sixty days before relocating. Your notice must include:

  • Your current mailing address.
  • The new mailing address.
  • The new physical address.
  • Your new home and cellular phone numbers.
  • The date you plan to move.
  • The reasons for your move.
  • Your proposed revised schedule of physical custody or visitation with the child.

It must say that the other person only has 30 days to send an objection by registered or certified mail (return receipt requested). It must tell him to seek legal advice immediately.

If the other person does not object, you can move. If the other person does object, then a judge must approve your child’s relocation.

However, if the other person has “equal physical custody” of your child, he does not need to object . Unless he gives you express written consent, a judge must approve your plan to relocate before you move.

If you have to go to court, the judge will want to know two things:

  • Did you make your decision to move in good faith?
  • Is your move in your child’s best interest?

The judge will want you to answer questions like these:

  • How close is your child’s relationship with the other person?
  • How far away does the move take the child?
  • Will relocating adversely affect the child’s ability to see the other person?
  • Will the benefit to your child outweigh the damage to the child’s relationship with the other person?

As soon as you think a move is in your future, consult with a family lawyer. The lawyer can help you prepare your notice and your evidence.

What Our Clients Say
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I highly recommend Louis
I hired Louis to represent me in my custody battle. From the start he was upfront and honest with me, if he said he was going to do something he did it and he never attempted to settle for anything less than what I was asking. He was not afraid to go head to head with opposing counsel which is what we ended up having to do. Thanks to Louis and his experience and knowledge of family law we won our case. I highly recommend Louis and will always use him for my future family Court needs.
Caleb
★★★★★
Brilliant Mind and Excellent Communication
I had no idea how to even look for an attorney when I found myself needing one. Mr. Cosenza is the best attorney I have encountered, and I took a lot of time finding one. He is brilliant in matters of the law. He approached my case from every angle. I am so thankful he was my attorney. I started out knowing absolutely nothing about court related matters. He answered even my smallest questions and guided me through to understand what was best for me and my children. He was excellent in communication with quick replies. He will have all of my recommendations.
Becky
★★★★★
Attorney Cosenza at his craft
My journey with Mr. Cosenza began nearly 3 years ago when I contacted him about divorce proceedings. During our initial consultation he told me exactly what to expect and we discussed cost, which I thought reasonable. After retaining him as my attorney and finalizing my divorce, things became fairly intense during the negotiation of the property settlement; yet he was relentless and tenacious. In the end, we prevailed victorious and everything came together perfectly. Attorney Cosenza always responded in a timely manner to my many calls, emails and texts. He gave clear, detailed, rational explanations of what I could expect. His work on my case has been life changing, in the best way possible. I am forever in his debt.
Sean
★★★★★
He does his very best
Working with Louis Cosenza truly helped to make my very difficult emotional and legal situation feel much more comfortable as I knew his experience and expertise was there to support and guide me. He knows the law and he does his very best to use that knowledge to represent his clients in and out of the courtroom.
Craig
★★★★★
Hands down the best experience I’ve had with a lawyer
I would like to start by saying I am from TX and my ex wife tried to file a judgment in LA. I contacted a number of lawyers that explained to me that this maybe a process that they could look into. I spoke with Mr. Cosenza with his 30 plus year of experience and he assured me this was not going to be a issue. He was very informative on the proceedings that where going to take place. He couldn’t have called it any better. There wasn’t even a need for me to travel to show in court. It is definitely worth a little extra to hire one of the best. I hope I hope won’t be needing his help again but if I do need another lawyer in LA. I won’t hesitate to contact him and he will be my lawyer again.
Michael