One of the more complex issues in family law involves relocation in cases where parents share joint custody. One parent’s decision to move can significantly impact the custody arrangement and the child’s well-being, whether due to a job opportunity, family support, or other personal reasons.
At The Johnson Firm, our Lake Charles child custody attorneys regularly assist clients in navigating the complexities of relocation in joint custody scenarios, ensuring that all actions align with Louisiana laws and serve the child’s best interests. This blog explores the legalities and considerations surrounding the question: can a parent relocate with joint custody?
Understanding joint custody in Louisiana
In Louisiana, joint custody is typically arranged to maximize the child’s time with both parents, which is believed to be in the child’s best interest. Joint custody requires both parents to share the legal responsibility and physical care of the child. In instances where the court does not designate a “domicilliary parent,” decisions about the child’s education, health, and welfare are made jointly, unless a court specifies otherwise due to extenuating circumstances.
Legal requirements for relocating with a child
When a parent with joint custody wishes to relocate with the child, Louisiana law sets forth specific procedures that must be followed. As outlined in Louisiana’s “Relocation Statute,” a parent wishing to relocate must provide written notice via certified mail to the other parent. This notice must be sent at least 60 days before the proposed relocation and include:
- The current mailing address.
- The intended new residence, with the address and mailing address, if not the same.
- The home telephone number of the new residence.
- The date of the proposed relocation.
- A detailed statement of the specific reasons for the proposed relocation.
- A proposal for a revised custody or visitation schedule.
- A notice that the non-relocating parent has the right to object to the relocation within 30 days of receiving the notice.
What happens if the other parent objects?
If the non-relocating parent objects to the move, the parent wishing to relocate must file a petition in court to seek approval for the relocation. The court will then consider several factors to determine whether the relocation is in the best interest of the child, including:
- The nature and quality of the relationships between the child and both parents.
- The reasons given for the move.
- The reasons given for the opposition.
- The impact of the move on the quality of the child’s future contact with the non-relocating parent and the feasibility of preserving their relationship through visitation.
- The impact on the child’s physical, educational, and emotional development.
- The employment and economic status of each parent and how the relocation may affect the circumstances of the child.
The role of The Johnson Firm in relocation cases
At The Johnson Firm, we understand the emotional and legal complexities involved in relocation cases with joint custody. Our approach includes:
- Comprehensive consultation: We start by assessing your situation, understanding your reasons for relocation, and evaluating the potential impact on your custody arrangement.
- Strategic planning: Our experienced attorneys help craft a compelling case for the relocation, addressing all statutory requirements and focusing on the child’s best interests.
- Negotiation and litigation support: We negotiate on your behalf to reach an amicable agreement with the other parent or, if necessary, represent your interests in court to achieve a favorable outcome.
Considering relocating? Call us for assistance.
Relocating with a child when sharing joint custody is a decision that requires careful consideration and strict adherence to legal protocols. If you are contemplating relocation and share joint custody, it is essential to consult with a knowledgeable attorney who can guide you through the legal process.
The Johnson Firm is committed to providing expert legal support to ensure your rights are protected and your child’s best interests are upheld. Contact us today to discuss your specific circumstances and explore your legal options.