One of the most difficult issues in a Louisiana child custody case is if the custodial parent plans to relocate with the child. Because the noncustodial parent will want to have consistent and easy access to the child, this is a situation that often leads to dispute. A key aspect of a relocation is informing those with a right to receive this information being notified. The law has certain requirements for this information being given and it is important for both sides to understand its details.
When the notice is given, it must be by certified mail, registered mail, return receipt, or by a commercial courier to the person who is entitled to receive this information at their last known address. It cannot be given any later than the 60th day prior to the date of the planned relocation. There is other information that the relocating person does not or cannot know at the time of the planned relocation in those 60 days, so it must be provided by the 10th day after the date in which the information is known.
The information in the second scenario includes: the mailing address of the person who plans to relocate; the new residence and the mailing address of the person who is relocating; the new mailing address if it is different; the home phone number and the cellphone number of the person who is relocating; the date when the relocation is set to take place; a statement detailing the reasons the person is relocating; and a revised visitation schedule and physical custody schedule for the child. The person who is entitled to lodge an objection must do so in writing within 30 days of getting the notice.
When a parent decides to relocate with a child, it can lead to various consequences for the noncustodial parent. It is important that both sides understand their rights with relocation. It is always preferable for there to be an amicable agreement for these matters. Unfortunately, that is not always possible. No matter the circumstances, it is important to have legal assistance from a qualified child custody attorney.
