4.9.3 Objections

Unless a person has equal physical custody of the child under a court decree, a person opposed to the relocation must object within 30 days of receipt of the relocation notice.1  If an objection is made, the parent proposing relocation must initiate a summary proceeding for court approval of the relocation within 30 days of the receipt of the objection.2  If an objection is filed, court approval may only be granted after a contradictory hearing.3

The relocating parent has the burden of proving that the relocation is made in good faith and is in the child’s best interest.4  The court must consider the statutory factors in its determination of the best child’s best interest in a relocation proceeding; these are similar to, but not identical to, the Article 134 best interest factors for an award of custody.5

• 1La. R.S. 9:355.7.
• 2La. R.S. 9:355.9.
• 3Id.
• 4La. R.S. 9:355.10.
• 5La. R.S. 9:355.14.