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Relocating with the kids after divorce

One question we often receive at Gregory S. Johnson, Attorney at Law, concerns child custody and relocation. It is not uncommon for parents in Louisiana who have child custody agreements to move to other cities and states with their children. According to The Spruce, many of them move out of state with their kids to pursue better employment opportunities for themselves and housing and education for their children. However, some people relocate with their children out of spite for their former partners. If you are considering a move with your children, you should consider the laws regarding child custody and how they apply to your situation. 

If you plan to move 150 or more miles from your kids' other parent, you will need their permission first. The request must be made verbally or on paper and with sufficient notice. Your former partner does not have to agree with your decision. You can contest their decision by filing a petition with the courts, where a judge will assess the situation and issue a verdict on if you can relocate with your child. If the other parent does agree to the move, they must put it in writing. 

There are many factors that a judge must consider for child support order modifications due to relocation. If the move is not in the best interests of your children, affects the other parent's relationship with them, there is a history of neglect or abuse and you have the wrong intentions, then your petition may be denied. 

When parents do not get permission from their former partners and child custody orders modified before relocating with their kids, legal complications can occur that may result in the loss of parental rights and jail time. To learn more about child custody modification, please visit our web page.

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