Legal Question in Family Law in Louisiana
moving
At my lawyres suggestion I composed a letter to my ex husband whom i am in the process of divorcing to let him know I have received a job offer out of state and want to take it. It has been over 30 days and have not heard any response at all ????? As I said weree divorcing and his crazy lawyer had it put inthe order that I cant move my residence from St. Martin Parish (which is simply unconstitutional)
I need to know what to do because my lease is up in July ??
1 Answer from Attorneys
Re: moving
Not allowing you to move is not unconstitutional if there are minor children involved. Revised Statutes Title 9 section 355.1 and the sections following, specifically address relocation of a child's residence. R.S. 9:355.3 states in part.... "before relocation shall obtain either court authorization to relocate, after a contradictory hearing, or the written consent of the other parent prior to any relocation."
The law requires notice of intended relocation be sent registered or certified mail, return receipt requested, to the other parent. The precise information required in the letter is found at R.S. 9:355.4. Since he has not objected to your intent to move, you should ask the court for authorization to relocate and attach to your Motion a copy of the letter sent, the return receipt showing he got the letter and move for authorization to relocate.
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