4.9.2 Notice

If the relocation statute applies,1  a parent must notify the other parent of the proposed relocation unless the parents have entered into an express written agreement for the relocation or a domestic violence protective order is in effect.2  Note that the duty to notify the other parent applies even if there is no custody order. La. R.S. 9:355.4 requires notice to non-parents who have court ordered visitation. However, non-parents with only visitation orders may not object to the proposed relocation and may only seek a modification of the visitation schedule.3

Notice of a proposed relocation must be given not later than 60 days before the proposed relocation or 10 days after the relocating parent has knowledge of the information required for the relocation notice if the parent requesting relocation did not have sufficient information to give 60 days’ notice. Notice is by certified mail or commercial courier.4

The court may consider a relocation without prior notice as a factor in determining relocation and sufficient cause for paying reasonable expenses incurred by the person who is objecting. Be sure to advise clients of their duties to comply with the notice and approval requirements of La. R.S. 9:355.5 should they decide to relocate.

• 1See Section 4.9.1.
• 2La. R.S. 9:355.2(D), .4.
• 3La. R.S. 9:355.8.
• 4La. R.S. 9:355.5.