Legal Question in Family Law in Louisiana

wanting to relocate

My husband and I would like to relocate, not to a diffrent state just across the lake from where we live. I am custodial parent of my 11 year old daughter. She has lived where we are since she was born, and now my ex husband lives in the house where she grew up, he got the house. MY husband and I have been married for a year now, and we have a happy home. My ex likes to drink, and has a couple dwi's, but I am afraid to move, I don't want to risk losing her. My daughter has mixed feelings on moving, and my ex will fight for her. We will be a hour away from him if we decide to move, will he have a big advantage by living in the house and parish where she grew up?


Asked on 3/23/04, 10:41 pm

3 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: wanting to relocate

Discuss it with your lawyer. I don't think it should be a big deal but I don't practice in that part of the state. As long as the distance is reasonable (it seems like you're talking about 24 to 50 miles which is not bad) and no state lines are crossed, I don't see a problem. I would still discuss it with my attorney.

Read more
Answered on 3/23/04, 11:08 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: wanting to relocate

Just a guess, but sounds like you may be moving to the "North Shore" of Lake Ponchartrain. First speak with your attorney to determine if the "moving away" language is in your joint custody plan....it should be, but even if not, you should follow the notification law. To move an hour away just does not seem that big a deal. If the argument is access, then study if his "access" to his child will in any way be affected by the move. Having kin on the North Shore, I would think visiting his child there would be a welcome event. And if you are not going from Jefferson to St. Tammany, I still think there should not be a problem.

Read more
Answered on 3/24/04, 8:32 am
Hardy Parkerson Retired Attorney; now Law Professor

Re: wanting to relocate

Dear LawGuru Friend,

I have not read Nick's and Andy's answers; but both of them are great Family Lawyers, and I am sure they gave you good advice. As for myself, I cannot see any problem with your making that move. You have that right, as I see it. At least you are not moving out of state. Louisiana has a special law on such moves out of state, but none that I know of about moves within the state. I do not think that just because your ex-husband lives in the old home place that that gives him any preference to you. You say you are now the "custodial" (perhaps you mean "domiciliary" parent in a joint-custody arrangement) parent, and I see no reason why your proposed move would change anything, except perhaps make it a little harder for you to exchange actual physical custody of your child when your husband has visitation privileges, or when it comes his time to have custody in a joint custody arrangement. Now I will go read what Nick and Andy have said and see what I can learn. I am a good lawyer, but not a perfect lawyer; and there is a lot about Family Law that I do not know. I have been at it almost forty years, but I learn new lessons in law and law practice every day. Worse thing you can have is a lawyer who knows it all. I have known a few of these before, but not many; thank goodness! We have a name for those guys in Cajun Land, but I won't mention it here. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Read more
Answered on 3/25/04, 12:31 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Louisiana