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?


Asked on 9/02/01, 1:52 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

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.

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Answered on 10/01/01, 11:01 am
Pascal Howard Pascal M. Howard, Atty @ LaW

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.

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Answered on 10/02/01, 7:00 pm


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