Legal Question in Family Law in Louisiana

Hello. My ex-husband and I have a �joint� custody for our 5 years old kid. I am the domiciliary parent. The final decree of the divorce will be issued in early 2013. There is no specific schedule for visitations. He visits her when he requests it and with my consent (with no overnight and no major holidays � it was his choice). My ex and I have no family members here in Louisiana (nor the US). It�s been a painful divorce. I want to start a fresh and a new life far from here (I�m thinking about relocating to Texas). Is it �legally� possible for me to relocate with the kid (If I can convince him for more visitations during school breaks, and less child support). If he eventually say yes, should I only get his consent? Or also the court consent? Is there a chance to get the later one? � From where should I start (forms, attorney)? Should I do this before or after receiving the final divorce decree? � thank you in advance for responding.


Asked on 9/24/12, 2:08 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

This is something which the court must decide unless the parties agree. If he consents, you must file a stipulated judgment whereby the court orders that you are allowed to relocate with the child. You should set out all of the visitation/custody particulars in this document and both parties sign it and then present it to the judge for his/her signature. An attorney's help is always advisable.

If it has to go to the Court, the judge is going to want a thought out plan. Where are you going? Why are you moving? Schools, employment, residence? All of that must be presented along with a plan that would not prohibit the other parent from significant time with the child. Support is not usually decreased but expenses for visitation may be shared. You will need to file a rule to show cause why the domiciliary parent should not be able to move out of state and set it for a hearing. It will have to served on the other parent.

Read more
Answered on 9/27/12, 4:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Louisiana