I mentioned it to him about moving to Texas to go to another school (college) because I was interested in going to a school out there. I talked to him about making arrangments for our daughter because I don't have a problem with it and nver did. He told me no he wouldn't agree and that I couldn't move, despite me trying to make arrangments for him to still see her. He said that I couldn't move until she was 18, and to leave her with him. I told him I didn't mind bringing this to court, but I just wanted to see if we could come to a decision, but he refuse. What should I do?
Family Law Attorney
If you have a custody judgment naming you as domicilary parent, you are required to give him notice of a change in the child's residence. The statute is very specific. Look up Louisiana Revised Statute 9:355. it gives definitions, when it applies (it does apply to your move out of state). Basically, you have to send him certified notice of intent to move. If he does not give his consent, you have to file a motion with the court to request permission to move. The standard is that move is made in good faith and is in the best interest of the child.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer give in only intended to provide general guidance regarding rights and responsibilities.
Child Custody Lawyer
I agree with Ms. Coleman. Please be advised that your notice of relocation must be very specific and include the following information:
1. The intended new residence, including the specific address, if known
2. the mailing address, if not the same
3. The home telephone number, if known.
4. The date of the intended move or proposed relocation.
5. A brief statement of the specific reasons for the proposed relocation of the child, if applicable.
6. A proposal for a revised schedule of visitation with the child.
7. A statement informing the other parent that an objection to the proposed relocation shall be filed within 30 days of receipt of the notice and that the other parent should seek legal advice immediately.
This letter should be sent by registered or certified mail at least 60 days prior to the relocation.
Should the other parent object. The onus would be upon the other parent to file an objection.
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