Legal Question in Family Law in Louisiana

Re: Sole Custody, Visitation, Relocation, and Cohabitation

A parent seeking to relocate the principal residence of a child shall not, absent consent, remove the child pending resolution of dispute, or final order of the court, unless the parent obtains a temporary order to do so. Proper notice must be provided to the other parent. The parties' may, however, agree to the child's relocation. If the other parent objects, a contradictory hearing will be held and the parent who seeks to remove his or her children from the jurisdiction of the court has the burden of proving that: (1) there is good reason for the move, that is, that the move is made in good faith; and (2) the move is in the children's best interest. La. R.S. 9:355.13; Pittman v. Pittman, 94-952, p. 3 (La. App. 5th Cir. 3/15/95), 653 So. 2d 1211, 1212, writ denied, 95-1526 (La. 9/29/95), 660 So. 2d 881; Franz v. Franz, 98-3045, p. 7 (La. App. 4th Cir. 6/16/99), 737 So. 2d 943, 946. In making its determination regarding a proposed relocation, the court is required to consider the following factors pursuant to La. R.S. 9:355.12:

(1) The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate and with the non-relocating parent, siblings, and other significant persons in the child's life.

(2) The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child.

(3) The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties. [*11]

(4) The child's preference, taking into consideration the age and maturity of the child.

(5) Whether there is an established pattern of conduct of the parent seeking the relocation, either to promote or thwart the relationship of the child and the non-relocating party.

(6) Whether the relocation of the child will enhance the general quality of life for both the custodial parent seeking the relocation and the child, including but not limited to financial or emotional benefit or educational opportunity.

(7) The reasons of each parent for seeking or opposing the relocation.

(8) Any other factors affecting the best interest of the child.

Legal counsel should be able to assist you in evaluating theses factors.

Re: Sole Custody, Visitation, Relocation, and Cohabitation

Since the custody case is still open, you probably have a lawyer. Discuss this with your lawyer. Louisiana law has very precise rules about relocating with the child. Speak with your lawyer about your next steps.