If I’m trying to relocate 61 miles outside my current parish and my ex is fighting it, what are my chances of winning in court?

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If I’m trying to relocate 61 miles outside my current parish and my ex is fighting it, what are my chances of winning in court?

Asked on December 10, 2012 under Family Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I assume that there is a custody order currently in place. If so, a court must grant permission. A move without such permission measn that you are in contempt of a court and could be charged with parental kidnapping. The burden will be on you to prove that a relocation is in the "best interests" of your child. Each petition will be reviewed by the court on a case-by-case analysis. There are numerous factors the court must consider in determining whether removal is appropriate. They include, but are not limited, to:

  • Why the relocating parent wants to move;
  • The motivation of the parent opposing the move;
  • The advantages of relocation in terms to improve the life of the child;
  • Any disadvantages of relocation on the minor child;
  • The likelihood that a reasonable visitation schedule can be arranged with the non-custodial parent;
  • A chance to bond with extended family members.
  • The likelihood that the parent desiring the move will comply with visitation orders after the relocation. 

You should be aware that a parent who wishes to relocate because of a job, new spouse or to care for sick relatives will have a stronger case than a parent who simply wants to move away from the non-custodial parent. Additionally, the closer the relocation to the current location the better. In your case, for example, a 61 mile move will be looked at more favorably than a long-distance relocation.


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