Relocating with a Child in Louisiana: Notice Requirements and the 75-Mile Rule

Understanding the Louisiana Relocation Statute

Life changes quickly. Whether you are offered a better job, getting married, or needing to move closer to family for support, relocating is a major decision. However, when you share custody of a child in Louisiana, you cannot simply pack up your car and move. The state has strict laws designed to protect the relationship between a child and both parents. Under La. R.S. 9:355.1 (the Louisiana Relocation Statute), any move that takes a child out of the state of Louisiana, or more than 75 miles from their current primary residence within the state, triggers specific legal requirements. If you are planning a move from New Orleans to Texas, or even just from Shreveport to Baton Rouge, you must follow the law perfectly. We highly recommend browsing our USA Lawyer Directory to find a local family law attorney to help you navigate this complex process.

When to Send the Formal Notice of Proposed Relocation

Communication is the cornerstone of Louisiana's relocation laws. Under La. R.S. 9:355.4, you are legally required to notify any person who has recognized custody or visitation rights. Pursuant to La. R.S. 9:355.5, this notification must be sent via registered or certified mail (return receipt requested) or commercial courier to the other parent's last known address. You must send this notice no later than the 60th day before the date you intend to move, or within 10 days of obtaining the information if you did not know about the move 60 days in advance.

The notice cannot be a simple text message or a casual email. Under La. R.S. 9:355.5, it must contain specific statutory elements, including your new proposed address, new phone number, date of the move, a specific proposal for a revised visitation schedule, and an express warning that the non-relocating parent has 30 days to object. Your attorney will usually draft a formal notice using Form Non-Numbered, Louisiana, Judicial District Court, Notice of Proposed Relocation of a Child to ensure all legal requirements are strictly satisfied before serving the other parent or filing in the Civil District Court for the Parish of Orleans, New Orleans or your local parish court.

What Happens If You Move Without Court Approval

If you fail to send the required notice or simply move the child without getting the other parent's consent or a judge's approval, the consequences are severe. A judge in the Family Court of East Baton Rouge Parish, Baton Rouge can find you in contempt of court. The judge can order law enforcement to retrieve the child and return them to Louisiana. Furthermore, moving without permission can be used as evidence against you in a custody battle, showing an unwillingness to encourage a relationship with the other parent. You may also be ordered to pay the other parent's attorney fees and travel expenses.

Exceptions for Temporary Relocations or Domestic Abuse

The law understands that some situations are emergencies. If you are fleeing a dangerous situation, La. R.S. 9:355.2(D)(2) provides exceptions for victims of domestic abuse. A parent may temporarily relocate to a safe place with the child to avoid abuse, but they must notify the court and the other parent (or law enforcement) of their new location as soon as it is safe to do so. Additionally, temporary relocations for military deployments or short-term medical treatments often do not fall under the strict 75-mile permanent relocation rules, though a court order modifying temporary custody may still be needed.

How Much Does a Relocation Case Cost in Louisiana?

If the other parent agrees to the move, the costs are relatively low. If they object, it turns into a full trial.

• Uncontested Relocation: If both parents agree, drafting and filing a consent judgment typically costs between $750 and $1,500 in attorney fees, plus roughly $150 to $250 in court filing fees.
• Contested Relocation Trial: If the other parent objects, you must go to trial to prove the move is in the child's best interest. Attorney fees for a contested relocation trial generally range from $5,000 to $15,000 or more.
• Mediation: Judges often order parents to attempt mediation before a trial. A private mediator in Louisiana typically charges between $150 and $300 per hour.

How Long Does the Relocation Process Take?

The timeline heavily depends on the other parent's response. Once you mail the 60-day notice, the other parent has 30 days to file a formal objection. If they do not object within 30 days, you are generally free to move. If they do object, the court must schedule a contradictory hearing (a trial). Depending on the court's docket, a trial might not happen for 3 to 6 months. Therefore, you should consult an attorney at least 6 months before your planned moving date to ensure you have enough time to handle legal hurdles.