Moving Away With a Child in Louisiana: Relocation Notice, Distance Rules and Burden of Proof
In Louisiana a person proposing to relocate a child gives 60 days’ written notice, the other parent has 30 days to object, and the person proposing the move must prove good faith and the child’s best interest.
What does the Louisiana relocation law require?
A person proposing to relocate a child’s principal residence gives written notice by registered or certified mail, return receipt requested, or by commercial courier, no later than the sixtieth day before the proposed relocation; if the information was not known in time, the notice is due within ten days after it becomes known (R.S. 9:355.5). The notice must include the current and intended addresses, telephone numbers, the date, the reasons and a statement that any objection must be made in writing within thirty days.
What counts as a relocation in Louisiana?
A change in the principal residence of a child for a period of sixty days or more, not including a temporary absence (R.S. 9:355.1). The notice rules apply to a move outside Louisiana and to a move inside it of more than 75 miles from the relevant domicile or the child’s principal residence when the custody order was made (Louisiana relocation statutes).
| Question | What the statutes say |
|---|---|
| What counts as relocation | A change in the principal residence of a child for a period of sixty days or more, not a temporary absence |
| When the subpart applies | A proposed relocation outside the state, or inside it more than 75 miles from the relevant domicile or prior residence |
| Notice | Registered or certified mail, return receipt requested, or commercial courier, no later than the sixtieth day before the relocation |
| Late information | Within ten days after the person knows the required information, if not reasonably known in time and an extension is not reasonably possible |
| Objection | In writing within thirty days of receipt of the notice |
| Court approval | The person proposing relocation starts a summary proceeding within thirty days after the objection |
| Burden of proof | On the person proposing relocation: good faith and the child’s best interest |
What happens if the other parent objects in Louisiana?
A person entitled to object does so in writing within thirty days of receiving the notice. The person proposing relocation then starts a summary proceeding within thirty days after receiving the objection to obtain court approval, and has the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child (relocation statutes).
What factors does the court weigh in Louisiana?
Twelve, including the feasibility of a relocation by the objecting person and any other factor affecting the child’s best interest (relocation statutes). Read the full list in the statute, because we do not reproduce each factor here.
Can the parents agree in Louisiana?
Yes. The notice and approval procedure does not apply when the people required to give notice and the people entitled to object have entered into an express written agreement for the relocation (relocation statutes).
What about support and the schedule after a move in Louisiana?
A longer distance can change the schedule and the percentages. Recount with the Louisiana parenting time calculator and run the Louisiana child support calculator.
Does the move rule apply to temporary stays in Louisiana?
No. Relocation means a change in the child’s principal residence for a period of sixty days or more and does not include a temporary absence, so a summer with the other parent is not by itself a relocation (R.S. 9:355.1).
What should you do before moving in Louisiana?
Read your judgment or implementation order, send the notice by registered or certified mail or commercial courier, because texts and emails are not enough under the statute, and ask a licensed Louisiana attorney whether your move meets the distance test.
Frequently asked questions
How much notice do I have to give before relocating with a child in Louisiana?
60 days, by registered or certified mail or commercial courier.
How far can I move with my child in Louisiana without notice?
The statute applies to moves more than 75 miles within the state and to moves out of state.
How long does the other Louisiana parent have to object to a relocation?
Thirty days from receipt of the notice, in writing.
Who has the burden of proof in a Louisiana relocation case?
The person proposing the relocation must prove good faith and the child’s best interest.
What is relocation in Louisiana?
A change in the child’s principal residence for sixty days or more, not a temporary absence.
Official sources
- La. R.S. 9:335: joint custody decree and implementation order
- Louisiana Act 605: R.S. 9:335(A)(2)(b), equal sharing of physical custody
- La. R.S. 9:315.9: effect of shared custodial arrangement
- La. R.S. 9:355.5: mailing notice of proposed relocation address
- Louisiana relocation statutes, R.S. 9:355.1 to 9:355.20
- La. R.S. 9:355.1: definitions
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.