Moving With Your Child in Terrebonne Parish? Read This First
Key Takeaways: Louisiana’s Relocation Act requires written notice no later than sixty days before a proposed move under La. R.S. 9:355.5(A)(1). A "relocation" means a change in principal residence for sixty days or more; temporary absences don’t trigger the statute. The Act applies to out-of-state moves and certain in-state moves exceeding seventy-five miles, with the specific distance measured differently depending on whether a custody order exists and its terms (La. R.S. 9:355.2). Notice must be sent by registered or certified mail or commercial courier and contain every item listed in La. R.S. 9:355.5(B), including new address, moving date, reasons, a proposed revised custody schedule, and notice of the right to object. The other parent has thirty days to object in writing (La. R.S. 9:355.7), after which the relocating parent must file a summary proceeding within thirty days. Missing deadlines, using informal delivery, or moving before resolution can jeopardize both the move and custodial arrangement.
Louisiana’s relocation law requires a parent intending to change a child’s principal residence to give the other parent written notice no later than sixty days before the proposed move (La. R.S. 9:355.5(A)(1)). Skipping notice, sending it late, or omitting required details can jeopardize the move and a parent’s custodial arrangement. For Houma families, understanding the louisiana child relocation 60 day notice before packing is often the difference between an orderly transition and an emergency hearing.
If you are planning a move or just received a notice of intended relocation, Damon J Baldone & Associates can help you evaluate your options under Louisiana law. Call 985-868-3427 or contact us now to discuss your custody situation with a Houma family law attorney.
What Louisiana Law Counts as a "Relocation"
Not every move triggers the statute. Under La. R.S. 9:355.1, "relocation" means a change in principal residence for sixty days or more, excluding temporary absences. A summer stay with grandparents in Baton Rouge generally is not a relocation, while a permanent household move to a location covered by La. R.S. 9:355.2 typically is.
The statute defines "principal residence" as the residence designated by court order; absent court order, the location the parties agreed upon; otherwise where the child primarily resided during the prior six months. Parents without a formal custody judgment are sometimes surprised the statute can still apply.
Whether the Act applies depends on La. R.S. 9:355.2, which reaches proposed moves establishing the child’s principal residence outside Louisiana, and in-state moves exceeding seventy-five miles, measured from the domicile of the other parent when there is no custody order, from the child’s principal residence at the time of the most recent custody decree when a custody order exists, or from the domicile of a person entitled to object when no principal residence has been designated by the court or the parties share equal physical custody. The statute doesn’t apply where parties have express written agreement permitting relocation, certain protective orders are in effect, or existing custody orders expressly govern relocation. When unclear, the safer course is to treat the move as a potential relocation and address it before relocating.
Where the Rules Come From
These provisions sit in Louisiana Civil Code-Ancillaries Title 9, Subpart E, "Relocating a Child’s Residence." Enacted by Acts 1997, No. 1173, § 1, and later amended, the framework applies statewide. Full text is published through Justia’s Louisiana statutes and the Legislature’s website, though the controlling authority is the statute itself, interpreted by Louisiana appellate and supreme court decisions.
The Louisiana Child Relocation 60 Day Notice: Timing and Delivery
The timing rule is straightforward, and the delivery method is not optional. La. R.S. 9:355.5(A)(1) requires notice no later than sixty days before the proposed relocation. Notice must be given by registered or certified mail, return receipt requested, or commercial courier (La. R.S. 13:3204(D)), to the last known address of the person entitled to notice.
A limited exception exists for unforeseeable information. La. R.S. 9:355.5(A)(2) permits notice on the tenth day after the relocating person learns required information, if they didn’t know and couldn’t reasonably have known it in time for sixty-day notice and it’s not reasonably possible to extend the move date. This fallback is narrow. Courts scrutinize claims a parent couldn’t provide timely notice.
| Requirement | Statutory Source | Practical Note |
|---|---|---|
| Notice at least 60 days before the move | La. R.S. 9:355.5(A)(1) | Count backward from the intended move date |
| 10-day fallback when information was not reasonably knowable | La. R.S. 9:355.5(A)(2) | Narrow exception; fact-dependent |
| Certified mail or commercial courier | La. R.S. 9:355.5(A) | Keep the return receipt |
| Written objection within 30 days of receipt | La. R.S. 9:355.7; notice statement required by La. R.S. 9:355.5(B)(8) | Objection must be by registered or certified mail or commercial courier |
💡 Pro Tip: Preserve proof of mailing, the return receipt, and a dated copy of the notice. In contested hearings, documentation of what was sent and when is frequently the first issue courts address.
What the Notice of Intended Relocation Must Contain
A timely notice omitting required content may still be deficient. La. R.S. 9:355.5(B) enumerates required information. Text messages or informal emails generally won’t satisfy this requirement.
The statute’s required contents include:
- Current mailing address of the person proposing relocation
- Intended new residence, including specific address and mailing address if known
- Applicable telephone numbers
- Date of proposed relocation
- Brief statement of specific reasons for relocation
- Proposal for revised schedule of physical custody or visitation
- Statement of recipient’s right to object
The notice must inform the recipient of the right to object and deadline. Under La. R.S. 9:355.5(B)(8), the notice must state that objections must be in writing by registered or certified mail within thirty days of receipt, and that the recipient should seek legal advice immediately. La. R.S. 9:355.5(C) imposes a continuing duty to provide required information as it becomes known.
Why a Proposed Schedule Matters
Including a realistic revised custody schedule does more than check a statutory box. It signals to the court that the relocating parent has considered preserving the child’s relationship with the other parent, which is central to the best-interest analysis courts apply under La. R.S. 9:355.14. A proposal offering extended summers, holiday blocks, virtual contact, and a workable travel plan reads very differently to a judge than a bare demand to move.
A parent’s role in the custody order affects how relocation requests are received. Understanding what is a domiciliary parent under Louisiana custody law is useful, because designation alone doesn’t grant unilateral authority to relocate. A domiciliary parent may propose relocation under La. R.S. 9:355.3, but the notice obligation still applies, and parents sharing equal physical custody must obtain court authorization or the other person’s express written consent before relocating under La. R.S. 9:355.4(B).
Objecting to a Proposed Move
If you receive notice and oppose the move, the clock starts immediately. The thirty-day written objection period under La. R.S. 9:355.7 is short, and under La. R.S. 9:355.9 failure to object in compliance with the statute generally allows the relocating parent to proceed. Send objections by registered or certified mail, return receipt requested, or commercial courier, to the mailing address in the notice.
An objection preserves the issue for court. Once proper objection is sent, La. R.S. 9:355.9 requires the relocating parent to initiate a summary proceeding within thirty days of receiving it. Court approval may be granted only after a contradictory hearing. Under La. R.S. 9:355.10, the relocating parent bears the burden of proving the proposed relocation is made in good faith and is in the child’s best interest. Louisiana appellate decisions applying the relocation statute illustrate how courts weigh that burden. Published opinions and statutory text are available through Louisiana legal research resources.
💡 Pro Tip: Do not remove the child from the state while an objection or relocation hearing is pending unless the court has authorized it. Moving first and litigating later is one of the most common and costly missteps in child custody relocation Louisiana cases.
Common Pitfalls Houma Parents Encounter
Most relocation problems trace to avoidable errors. Parents frequently miscount the sixty days, send notice by ordinary mail, omit the proposed visitation schedule, or assume verbal agreement with the other parent suffices, even though the statute’s agreement exception requires express written agreement. Others assume domiciliary parent status means no notice is owed.
Timing pressure from employers and new housing rarely excuses noncompliance. A lease starting in three weeks doesn’t satisfy the narrow ten-day exception. If circumstances are genuinely unforeseeable, document when you learned relevant information, because that date may determine whether the alternative timing provision applies.
Local practice knowledge matters as much as statutory knowledge. Working with a louisiana child relocation 60 day notice lawyer who regularly appears in Terrebonne Parish family court can help you anticipate how a proposed parenting plan is likely to be received.
Frequently Asked Questions
1. Does the 60-day notice apply if I am only moving across Houma?
Generally, a short local move doesn’t trigger the relocation statute. La. R.S. 9:355.1 defines relocation as a change in principal residence for sixty days or more, and La. R.S. 9:355.2 limits the Act to out-of-state moves and in-state moves exceeding seventy-five miles, with the specific distance measured from different reference points depending on whether a custody order exists and its terms. Your custody judgment may impose separate address-notification duties.
2. What happens if I move without giving notice?
Failing to comply can have serious consequences. Courts may order the child returned, consider noncompliance as a factor in relocation and custody analysis, and order the relocating parent to pay reasonable expenses and attorney fees incurred by the objecting person.
3. Can the other parent simply refuse to let us move?
An objection doesn’t automatically defeat relocation. It shifts the dispute to court, where the relocating parent must show good faith and that the move serves the child’s best interest under La. R.S. 9:355.10. Judges weigh statutory factors in La. R.S. 9:355.14, and results vary considerably.
4. What if my job transfer came with almost no warning?
La. R.S. 9:355.5(A)(2) may permit notice within ten days of learning required information, but only if you didn’t know and couldn’t reasonably have known it in time and it’s not reasonably possible to postpone the move. Courts interpret this exception narrowly. Save emails, transfer orders, and dated documentation.
Protecting Your Parental Relationship Through a Move
Louisiana’s relocation framework is built around advance disclosure and judicial review, not unilateral decisions. Core obligations are written notice sent at least sixty days before the intended move under La. R.S. 9:355.5(A)(1), delivery by certified mail or commercial courier, inclusion of every item listed in La. R.S. 9:355.5(B), and a continuing duty to update information under La. R.S. 9:355.5(C). Whether you’re seeking to move or preserve regular contact, acting within statutory windows protects your position far better than reacting after the fact.
Relocation cases move quickly and deadlines are unforgiving. Reach out to Damon J Baldone & Associates by calling 985-868-3427, or learn more at phonebaldone.com to discuss how Louisiana’s relocation statute applies to your family’s circumstances.