Protecting Your Parenting Time When the Other Parent Plans to Move
Key Takeaways: Under Louisiana’s relocation statutes (La. R.S. 9:355.1 et seq.), a parent receiving formal notice of a proposed move generally has 30 days from receipt to object under La. R.S. 9:355.7. The objection must be in writing and sent by registered or certified mail, return receipt requested, or commercial courier, to the address in the notice. If timely objection is sent, the burden shifts: the relocating parent must file a summary proceeding within 30 days to obtain court approval through a contradictory hearing (La. R.S. 9:355.9). Relocation means changing the child’s principal residence for 60 days or more, excluding temporary absences, and applies only to out-of-state moves or in-state moves exceeding 75 miles under R.S. 9:355.2(B). Parents with equal physical custody need not file an objection under R.S. 9:355.7; their rights are governed by R.S. 9:355.4(B). Once objection is made, the move cannot proceed without consent or court approval, and the relocating parent must prove good faith and best interest.
If you received formal notice that your co-parent intends to move your child’s principal residence, you generally have 30 days from receipt to object in writing via a statutorily approved method. Louisiana’s relocation statutes (La. R.S. 9:355.1 et seq.) give the non-relocating parent a meaningful chance to be heard before a child’s home base changes. Missing the deadline can weaken your position.
If you are facing a louisiana child relocation 60-day notice and need to act quickly, Damon J Baldone & Associates handles custody and relocation matters throughout Terrebonne Parish. Call 985-868-3427 or contact us now to discuss your options before your objection window closes.
What Counts as a Relocation Under Louisiana Law
Not every move triggers the notice and objection rules. Louisiana defines relocation, under La. R.S. 9:355.1, as a change in the principal residence of a child for sixty days or more, excluding temporary absences. A summer stay with grandparents or short-term work assignment generally would not activate the statute.
The distance and destination determine whether the relocation subpart applies. Under La. R.S. 9:355.2(B), the rules apply when there is intent to establish the child’s principal residence outside Louisiana, or, for in-state moves, when the new residence is more than seventy-five miles from the other parent’s domicile (if no custody order) or more than seventy-five miles from the child’s principal residence at the time of the most recent custody decree. A parent moving across Houma to a new neighborhood is in a different legal position than one relocating to Texas.
Because these thresholds are fact-specific, disputes often arise over whether the statute applies. Some parents move first and argue afterward that no notice was owed. Courts examine actual duration, distance, and intent rather than accepting the relocating parent’s characterization.
Who Must Receive Notice Before a Child Moves
Louisiana law places the notice burden on the parent who wants to move. Under La. R.S. 9:355.4, a person proposing relocation must notify any person recognized as a parent and any person awarded custody or visitation. Under La. R.S. 9:355.5, notice must be sent by registered or certified mail, return receipt requested, or commercial courier, generally no later than the sixtieth day before the proposed relocation. That notice starts your objection clock.
The notice must contain specific warnings, including a statement that the person entitled to object must do so in writing by registered or certified mail within thirty days of receipt, and should seek legal advice immediately. If the notice omitted required information, that defect may become relevant to your response.
Defective or absent notice carries consequences for the moving parent. Under La. R.S. 9:355.6, a court may consider the failure to give notice, may order the child returned, and may award reasonable expenses. Under La. R.S. 9:355.17, relocating without required notice when a custody order is in place, or in violation of a court order, may also constitute a change of circumstances warranting custody modification.
Responding to the Louisiana Child Relocation 60-Day Notice Step by Step
Objecting properly involves distinct actions, and skipping any creates risk. The first is a written objection delivered by an approved method within 30 days. The second is understanding what happens in court and preparing for the hearing.
Step One: Send a Written Objection the Correct Way
The objection must be sent in writing by registered or certified mail with return receipt requested, or delivered by commercial courier as defined in R.S. 13:3204(D), to the mailing address provided in the notice. Informal texts, emails, or verbal protests will not satisfy the statute. Keep every receipt, tracking record, and copy of the mailed objection.
Step Two: File a Summary Proceeding Within 30 Days
Under La. R.S. 9:355.9, once a written objection is sent, the person proposing relocation must initiate a summary proceeding within thirty days after receiving the objection to obtain court approval, which may be granted only after a contradictory hearing. A properly mailed objection shifts the filing burden to the moving parent; you are not required to file suit to preserve your objection. Summary proceedings move faster than ordinary suits, so preparation cannot wait.
Step Three: Preserve Evidence About Your Child’s Life in Houma
Courts weigh the child’s ties to school, extended family, medical providers, and community. Begin gathering records early:
- School enrollment, attendance, and academic records
- Documentation of your exercised custodial time and involvement
- Evidence of the child’s medical, therapeutic, or extracurricular commitments
- Communications showing how the proposed move was raised and discussed
💡 Pro Tip: Note the exact date you physically received the relocation notice and save the envelope or delivery confirmation. Receipt date, not the date the notice was written, governs the relocation objection deadline.
The Equal Physical Custody Exception You Should Not Overlook
If you share equal physical custody, the objection process works differently. A person with equal physical custody need not make an objection under R.S. 9:355.7; those rights are governed by R.S. 9:355.4(B). Under that framework, a parent with equal physical custody may not relocate the child without written consent of the other parent or a court order authorizing the move after a contradictory hearing.
This distinction shifts the procedural burden. Rather than you objecting to stop the move, the relocating parent must affirmatively obtain consent or court permission first. Confirming your custody classification with a Houma family attorney is advisable because custody labels in judgments do not always match day-to-day reality.
What the Court Weighs in a Louisiana Relocation Dispute
Once a timely objection is made, the move generally cannot proceed without court approval. Public legal guidance on relocating with a child explains that when the other parent disagrees and objects, the move cannot happen until the court decides it is permissible. The relocating parent must prove the move is being made in good faith and serves the best interest of the child.
Good faith and best interest are separate inquiries. A parent may have entirely sincere reasons for moving, such as a job or remarriage, and still fail to show the relocation is in the child’s best interest. Courts apply the relocation-specific factors in La. R.S. 9:355.14. Louisiana courts also evaluate custody questions through statutory best-interest considerations, and understanding the 14 best interest factors can help you frame your evidence.
| Issue | General Rule | Common Exception |
|---|---|---|
| What is a relocation | Change in principal residence for 60 days or more | Temporary absences excluded |
| When the subpart applies | Out-of-state moves, or in-state moves over 75 miles | Written agreement or certain protective orders |
| Objection deadline | Within 30 days after receipt of notice | Fact disputes over date of receipt |
| Who must object | Person entitled to notice under a decree | Parent with equal physical custody (R.S. 9:355.4(B)) |
| Objection method | Registered/certified mail, return receipt, or commercial courier | Must go to the address given in the notice |
| Who files in court | Relocating parent, within 30 days of receiving objection | Objecting parent may seek relief independently |
| Burden at hearing | Relocating parent shows good faith and best interest | Outcomes are fact-dependent |
Statutory text is not the whole picture. A compilation of the state’s relocation statutes cautions readers to check state case law, because standards for relocation may be found in case law as well.
Practical Challenges Houma Parents Frequently Encounter
The most common problem is delay. Parents often hope the move will not happen, or they attempt to negotiate informally while the deadline runs. Another frequent issue is objecting to the wrong address or by an unapproved method, which may undermine an otherwise strong position.
Local logistics also matter in Terrebonne Parish. Coordinating a summary proceeding, service, and evidence gathering on a compressed timeline takes planning. Working with a firm familiar with Houma and Terrebonne Parish family matters can help you avoid procedural missteps.
💡 Pro Tip: If the 30-day window is nearly closed, consult counsel immediately rather than waiting to gather perfect evidence. A timely objection can often be supplemented later; a late one may not be curable.
Frequently Asked Questions
1. When exactly does my 30 days begin?
The period runs from your receipt of the relocation notice, not from the date it was signed or postmarked. Documenting delivery is important because disputes over receipt dates arise.
2. Can I just tell the other parent I disagree?
No. The statute requires a written objection sent by registered or certified mail, return receipt requested, or commercial courier, to the address given in the notice.
3. What if the other parent already moved without giving notice?
A court may consider the failure to give notice and may order the child returned and award reasonable expenses against the relocating parent. Under La. R.S. 9:355.17, the move may also support a custody modification.
4. Does objecting automatically stop the move?
A properly made objection generally means the relocation cannot proceed without court approval following a contradictory hearing. The relocating parent then bears the burden of showing good faith and best interest.
5. Should I also seek a custody modification?
In some cases, a relocation dispute overlaps with custody modification under Louisiana law. Whether to pursue both depends on your existing decree and is a strategic question.
Acting Before the Window Closes
Louisiana’s relocation framework gives non-moving parents real protection, but only if the response is timely and procedurally correct. A written objection by an approved delivery method within 30 days of receipt, readiness for the summary proceeding that follows, and organized evidence about your child’s life in Houma form the backbone of a credible opposition. Results depend on the specific facts a judge reviews.
If a relocation notice has landed in your mailbox, Damon J Baldone & Associates can help you evaluate your options and move quickly. Call 985-868-3427 or reach out to our team today to protect your relationship with your child.