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My wife and I separated and she took my child and went to another state without me knowing. Is that legal and what can I do?

Houma, LA |

We are not divorced nor is there a lawyer involved yet. Is there anything that I can do about this and is it legal.

Attorney Answers 2

Posted

Not illegal. File for divorce now before she establishes residency in another to file.

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Posted

She was required to give you formal notice and an opportunity to object, at which time an expedited hearing on the proposed relocation could have been held. She also has a continuing obligation to provide you with information about your child's whereabouts. Rather than paraphrase, Louisiana Revised Statute 9:355.6 which deals with the failure to give notice of the relocation reads as follows:
"The court may consider a failure to provide notice of a proposed relocation of a child as: (1) a factor in making its determination regarding the relocation of a child; (2) a basis for ordering the return of the child if the relocation has taken place without notice or court authorization; (3) sufficient cause to order the person proposing the relocation to pay reasonable expenses incurred by the person objecting to the relocation."

You need to contact an attorney as soon as possible and provide he or she with copies of any previous orders concerning your child.

This response is not intended to create an attorney client relationship and is based on the limited information available at the time of the response. Before acting on anything stated or referenced in this response you should consult with an attorney of your choosing and go over the specific details of your legal circumstances.

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