4.9.1 Application of the Relocation Statute

La. R.S. 9:355.1, et seq. govern relocation of a child’s principal residence. Relocation is defined as a change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence.1

In a custody case, you should always advise your client of the obligations under the relocation statute. Clients won’t know this law unless you tell them about it. The La. R.S. 9:355.2 relocation procedures apply if any of the following exist:

• There is an intent to move out of state, regardless of the distance.
• There is no custody order, and there is an intent to relocate the child’s principal residence to any Louisiana location that is more than 75 miles from the other parent’s domicile.
• There is a custody order, and there is an intent to relocate the child’s principal residence to any Louisiana location that is more than 75 miles from the child’s principal residence at the time of the custody order.
• The parties have an equal physical custody order or the child has no principal residence, and there is an intent to establish the child’s principal residence within the state that is more than 75 miles from the other party’s domicile.

Generally, in cases where the parties have equal physical custody (close to 50:50 and distinguished from shared custody2 ), a parent may not relocate the child’s residence without either the other parent’s express written consent or the court’s authorization after a contradictory hearing.3

• 1La. R.S. 9:355.1(2).
• 2See La. R.S. 9:355.1 cmt. (b) (providing that temporary absences of greater than 60 days, such as summer vacation, do not trigger the relocation statute).
• 3La. R.S. 9:355.3(B).