Although parents generally need to comply with Louisiana custody orders, sometimes they may instead feel compelled to change them. Certain scenarios can have a major impact on the parenting arrangements for divorced adults who have children together.
If the circumstances for the family change in any significant way, it may be necessary to go back to family court to modify the existing custody order. Move-away scenarios or relocations frequently arise after a divorce.
Is a custody modification typically necessary for one parent to move while subject to a custody order?
Louisiana has rules for relocation situations
Louisiana state statutes include rules for a variety of shared custody challenges. If either parent who shares physical custody of a child intends to relocate, they typically need to provide the other parent and the Louisiana family courts with notice prior to their move. Approval and possibly custody modifications are often necessary for any significant move.
In some scenarios, both parents understand the necessity of the move and may cooperate to file an uncontested modification. Other times, one parent may disprove of the other’s desire to relocate. In that scenario, they would respond to the official notice and challenge the request to move.
A judge can hear the perspective of both parents before deciding what might be in the best interests of the children in the family. They might allow the move and then adjust the current custody arrangements to include more holiday and summer vacation access for the other parent. The courts might also deny the request to move because it does not appear to be in the best interests of the children in the family.
Presenting one’s case appropriately both to a co-parent and the family courts may improve someone’s chances of securing permission to relocate while subject to a Louisiana custody order.