Legal Question in Family Law in Louisiana

My Husband's Children's mother is trying to move with the kids

In my husband's divorce statement it says that his ex wife can not take the children out of our parish. The kids have been telling us that they are moving. They have told us that they don't want to leave their daddy. My husband is very upset by the fact that she may be planning on moving the kids out of state. They have joint custody. In the custody agreement it says that he should only get them every other weekend but we get them 3 1/2 days a week. Because of this fact we are not paying any child support. The ex wife agreed that we should not pay child support because we get them 1/2 the time and we pay for half of all of their expenses which totals much more than the child support we would be paying. The ex is graduating college and says that she can not get a job in her field in our town. My question is can she move the kids out of state even though it says she can't leave our parish?


Asked on 10/21/03, 2:42 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: My Husband's Children's mother is trying to move with the kids

She is not supposed to move, but there is only a piece of paper keeping her in the state. You should immediately petition the court to change the visitation and to recognize the change in child support retroactive to the date the visits increased and the support was stopped. The court is not fond of people changing the terms of its orders. You can also address the plans to move out of state, and should request that the father be named domiciliary parent, and then the mom can move out of state to find a job. If the dad is not willing to be named the domiciliary parent, then the court may allow the mom to move with the children.

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Answered on 10/21/03, 2:53 pm


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