How to Legally Stop a Co-Parent from Moving Out of Louisiana with Your Child

Defending Your Parental Rights in Louisiana

Receiving a certified letter stating that your ex-spouse intends to move your child to another state or across Louisiana is a terrifying experience. A long-distance move can drastically reduce the time you spend with your child, affecting your bond and your ability to be involved in their daily life. Fortunately, Louisiana law provides strong protections for non-relocating parents. The state does not automatically allow a parent to move simply because they want to. To protect your relationship with your child, we strongly encourage you to use our USA Lawyer Directory to find an aggressive, local family law attorney who can help you block the relocation.

Filing an Objection to Relocation Within the 30-Day Window

Time is your most critical asset. Under La. R.S. § 9:355.7, once you receive formal notice of the proposed move, you have a strict 30-day window from receipt to deliver a written objection. A critical procedural trap under Louisiana law is that you do not file your initial objection with the court; you must send it directly to the relocating parent by registered or certified mail (return receipt requested) or commercial courier at the address provided in the notice. As established in Louisiana jurisprudence, filing in court instead of properly serving the moving parent can be treated as a fatal procedural error.

Your attorney will prepare a formal written objection to be delivered directly to the relocating parent in accordance with La. R.S. § 9:355.7. Once you properly deliver your objection, the legal burden shifts entirely to your co-parent. Under La. R.S. § 9:355.9, the parent seeking to relocate must initiate a summary proceeding in court within 30 days of receiving your objection-such as filing a motion in the 15th Judicial District Court, Lafayette or the 14th Judicial District Court, Lake Charles-to obtain judicial authorization before moving. If you fail to send your written objection within the 30-day deadline, the relocation is legally authorized by operation of law.

Key Factors Judges Analyze to Block a Move

Once you file your objection, the court will schedule a contradictory hearing. In Louisiana, the burden of proof is entirely on the parent who wants to move. According to the precedent set in Gathen v. Gathen, 66 So. 3d 1 (LA Supreme Court 2011), the relocating parent must prove two things: first, that the proposed relocation is made in 'good faith' (not just to keep the child away from you), and second, that the move is in the 'best interest of the child.'

To determine the best interest, a judge will analyze the 12 factors listed in La. R.S. § 9:355.14. Your lawyer will argue against the move by highlighting:

• Ties to the Community: The child is doing well in their current school, has strong ties to their extended family in Louisiana, and is involved in local sports or activities.
• Relationship with You: The move would severely damage the strong, active bond you currently share with your child.
• Financial Reality: The relocating parent's new job offer does not significantly improve the child's standard of living enough to justify tearing them away from you.

Requesting a Primary Custody Reversal if the Ex Moves Anyway

If the judge denies the relocation request, your ex-spouse still has the right to move as a free adult, but they cannot take the child with them. If your ex decides to move anyway, your attorney can immediately file a rule to modify custody. You can request that the judge designate you as the primary domiciliary parent so the child can remain in Louisiana in their familiar environment. Courts frequently grant these reversals to maintain stability for the child.

How Much Does it Cost to Fight a Relocation?

Defending against a relocation is a high-stakes litigation process, similar to a full custody trial.

• Attorney Fees: Retaining a family law attorney to file the objection and represent you at a contested relocation trial generally costs between $5,000 and $15,000 in Louisiana.
• Court Costs: Filing the formal objection and setting a hearing date will incur court fees of approximately $150 to $300.
• Expert Witnesses: In complex cases, your lawyer might hire a child psychologist or a vocational expert to testify that the move is harmful to the child. These experts typically charge between $2,000 and $5,000 for evaluations and court testimony.

Timelines and Temporary Orders

After you file your objection, the trial is typically scheduled within 30 to 90 days. However, your ex might request a 'temporary order to relocate' while waiting for the final trial. The court will only grant a temporary move if they find an immediate emergency or a compelling reason (like starting a new school year immediately). Your lawyer will fight this temporary request to ensure the child stays in Louisiana until the judge hears all the evidence at the final trial.