Introduction
Divorce is a challenging time, especially when children are involved. Making decisions about moving out of state with a child after a divorce can be particularly difficult in Louisiana due to the complex nature of the process.
Custody and Relocation Laws in Louisiana
In Louisiana, there are two types of custody recognized by the law: joint custody and sole custody. Joint custody means that both parents share equal responsibility for the upbringing of the child. On the other hand, sole custody grants primary custody to one parent, while the other parent has visitation rights.
In cases where a parent with joint custody wishes to relocate with their child to another state, they must obtain consent from the other parent. If both parents agree to the relocation, they will need to make adjustments to their custody agreement. However, if the non-relocating parent objects, the parent seeking to move must go to court to seek a court order.
Similarly, if a parent with sole custody wants to relocate, they must also seek court approval to modify the custody arrangement. In this scenario, the court will carefully evaluate the best interests of the child before making a decision regarding the relocation.
Factors Considered by the Court
When the court is deciding whether to grant permission to a parent requesting to relocate out of state with their child, they take into account various factors. Some of these factors include:
- The age and specific needs of the child, as different age groups require different considerations and support systems.
- The emotional and physical well-being of the child.
- The quality and nature of the child’s relationship with each parent, as both parents play an essential role in their child’s life.
- The reason behind the proposed relocation, as this can significantly impact the court’s decision.
- The potential effects the relocation may have on the child’s education and social connections, as disruption in these areas can be detrimental.
- The ability of the non-relocating parent to continue having a meaningful relationship with the child despite the distance.
How to Request a Relocation
If a parent wishes to relocate with their child following a divorce, they must adhere to the appropriate legal process. The first step is to obtain consent from the other parent. However, if the other parent does not agree, the relocating parent must file a motion with the court to seek a court order.
During this process, the parent seeking to move must provide the court with a valid reason for the relocation, such as a new job opportunity or the desire to be closer to family. Additionally, they must present a proposed visitation schedule to ensure the non-relocating parent’s continued involvement in the child’s life.
Conclusion
Relocating with a child after a divorce can be a complex undertaking in Louisiana. Parents must carefully consider what is in the best interests of their child and, if necessary, seek the guidance of an experienced family law attorney to navigate through this legal process effectively.