Legal Question in Family Law in Louisiana
Leaving state with minor child
Is there a law that can stop me from leaving with child I have custody of?
2 Answers from Attorneys
Re: Leaving state with minor child
Yes, for custody orders issued after August 15, 1997 and for those prior to that date that do not address the issue of relocation. The act contains certain notice requirements.
Re: Leaving state with minor child
No! What we have would depend on whether or not the custody is joint or sole. If you had joint custody and you are the domicillary parent you would have you notify the other parent, especially if the other parent lives in close proximity and they excercise visitation. If you had sole custody I would say no, unless the custody orders expressly say so. If the other party doesn't like it they can always file a rule to prevent you from taking the child out of state. What I'm really saying is if you tell the other party you are leaving the state and they take no legal action to prevent you from taking the child you do not have to get prmission from the state. There is no law that says you have to ask a court unless it is expressly stated in your custody papers.