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Child Relocation Attorney in Lake Charles, Louisiana

When the Right to Move Conflicts with the Right to Parent

You’re staring at a map, looking at a distance that feels like it’s going to erase your relationship with your child. Maybe you have a job offer, a support system in another city, or a reason to start over that feels more important than anything that came before. Or maybe you are the parent watching the other side prepare to take your child hundreds of miles away — and you don’t know what to do to stop it.

Either way, this isn’t a simple move. It is a full-scale legal battle. Louisiana law doesn’t care about your job opportunity or your desire for a fresh start — it cares about the best interest of the child and the preservation of the relationship with the non-relocating parent. If you move without a court order, you are not just breaking the rules. You are handing your ex the leverage to force you and your child back — and giving the court a reason to question your judgment for the rest of the case.

I don’t litigate relocation based on convenience. I litigate based on what the court actually needs to see to approve — or block — that move. For 17 years I have handled relocation disputes at the 14th JDC in Calcasieu Parish, on both sides of the courtroom. I know what works and I know what fails.


If you haven’t already spoken to an attorney, you’re already behind. Contact Colonna Law Firm now.

What Is Child Relocation Under Louisiana Law?

Louisiana’s relocation statute — La. R.S. 9:355.1 et seq. — defines relocation as a change in the principal residence of a child that is more than 75 miles from the current principal residence within Louisiana, or any move out of state. The statute applies any time there is an existing custody or visitation order in place.

To relocate legally, the moving parent must provide 60 days’ written notice to the other parent, including the proposed new address, the reason for the move, and a proposed revised custody schedule. The non-relocating parent then has 30 days to object. If no objection is filed within that window, the relocation can proceed. If the other parent objects, the relocating parent must petition the court for authorization and prove the move is made in good faith and is in the child’s best interest.

The Good Faith Requirement

The court must find that the proposed relocation is made in good faith before it will approve the move. Good faith means the primary reason for the move is legitimate — a genuine job opportunity, proximity to extended family support, educational opportunity, or improved quality of life for the child — and not a tactic to interfere with the other parent’s relationship with the child.

I build good faith into every relocation petition from day one. That means documenting the genuine reason for the move, demonstrating the benefit to the child, and presenting a detailed revised custody plan that shows the court I am not trying to eliminate the other parent’s role — I am trying to preserve it under new geographic circumstances. A relocation petition that looks like a custody grab fails. A petition that looks like a thoughtful, child-centered plan has a real chance.

The Best Interest Analysis in Relocation Cases

Even when good faith is established, the court must still find that the relocation is in the child’s best interest. Louisiana courts weigh a specific set of factors in relocation cases under La. R.S. 9:355.14, including:

  • The nature, quality, and extent of the child’s relationship with each parent
  • The child’s age, developmental stage, and special needs
  • The feasibility of preserving the relationship between the child and the non-relocating parent through a revised custody schedule
  • The child’s preference, if the child is of sufficient age and maturity
  • Whether the relocation will enhance the quality of life for the child and the relocating parent
  • The reasons of each parent for seeking or opposing the relocation
  • The history of cooperation between the parents

I build the relocation case around these factors specifically — not around the general best interest framework used in standard custody proceedings. The analysis is different, the evidence required is different, and the strategic approach has to match.

Opposing a Relocation — How I Stop a Move

If you are the non-relocating parent and you believe the proposed move is not in your child’s best interest, you have 30 days from the date of proper notice to file a formal objection. Filing that objection stops the relocation until a court rules on it.

I use your existing custody schedule as the foundation of the opposition. If you have significant parenting time, I document the depth and continuity of your relationship with your child and demonstrate exactly how the proposed move disrupts it. I challenge the good-faith basis for the move when the evidence suggests it is motivated by a desire to limit your access rather than by genuine opportunity for the child.

The court takes geographic interference seriously. A parent who moves a child away from an active, involved co-parent without a compelling reason faces an uphill climb — and I know how to make that climb steeper.

Emergency Relocation and Domestic Violence

Louisiana’s relocation statute includes an emergency provision for parents who cannot provide 60 days’ notice due to circumstances beyond their control — most commonly, domestic violence. If you are fleeing an abusive situation, you should not wait for the standard notice period before moving to safety.

In these situations, I coordinate two simultaneous filings: an emergency protective order and court authorization for the relocation. The two proceedings reinforce each other — the protective order establishes the danger, and the relocation authorization provides the legal basis for the move. This is one of the most time-sensitive legal situations in family law. Call me immediately if you are in this position.

What Happens If the Other Parent Moves Without Notice?

Unauthorized relocation — moving a child without providing the required notice and obtaining consent or a court order — is a serious violation of Louisiana law. If your co-parent has taken your child and moved without following the proper process, I can file an emergency motion at the 14th JDC to have the child returned immediately. Courts take unauthorized relocation seriously and will often hold the moving parent in contempt.

Time is critical. Every day the child is in the new location and enrolled in a new school strengthens the other parent’s position. Do not wait to call.

If you haven’t already spoken to an attorney, you’re already behind. Contact Colonna Law Firm now.

Frequently Asked Questions

Can I move out of state with my child without the other parent’s consent?

No. If you have a custody order in place, you must provide 60 days’ written notice to the other parent and obtain either their written consent or a court order before moving more than 75 miles within Louisiana or out of state. Moving without following this process is a direct violation of Louisiana law under La. R.S. 9:355.1 and can result in immediate court orders to return the child, contempt findings, and lasting damage to your custody position.

Does having primary custody give me the right to relocate?

No. Primary physical custody does not grant an automatic right to relocate with the child. The other parent retains the right to object, and the court will decide the request based on the child’s best interest — regardless of your current custody status. I prepare relocation petitions with detailed evidence regarding the good faith basis for the move, schooling options, extended family ties, and a revised custody plan designed to preserve the child’s relationship with the non-relocating parent.

Does having primary custody give me the right to relocate?

No. Primary physical custody does not grant an automatic right to relocate with the child. The other parent retains the right to object, and the court will decide the request based on the child’s best interest — regardless of your current custody status. I prepare relocation petitions with detailed evidence regarding the good faith basis for the move, schooling options, extended family ties, and a revised custody plan designed to preserve the child’s relationship with the non-relocating parent.

What if my ex moves the kids without telling me?

That is a violation of Louisiana’s relocation statute. I can file an emergency motion at the 14th JDC to have the child returned immediately. Courts treat unauthorized relocation as a serious matter — one that can result in contempt findings and a permanent shift in custody. Time is critical when this happens. The longer the child is in the new location, the harder the return becomes. Call me immediately.

Can I stop a move if I have the children for more overnights?

Having significant parenting time is strong evidence that the proposed relocation will disrupt the child’s stability and your existing relationship. I use your current custody schedule to demonstrate the depth of your involvement in your child’s life and to show the court exactly what is at stake. More overnights means more disruption — and the court factors that directly into the best interest analysis under La. R.S. 9:355.14.

What if I need to move immediately due to domestic violence?

Louisiana’s relocation statute includes an emergency provision for parents who cannot provide 60 days’ notice due to circumstances beyond their control, including domestic violence. You should contact me immediately — I coordinate emergency protective order filings alongside court authorization for the relocation. These two filings work together: the protective order establishes the danger, and the relocation authorization provides the legal basis for the move. Do not wait.

How long does a relocation case take at the 14th JDC?

If the other parent does not object within 30 days of receiving proper notice, the relocation can proceed without a hearing. If they do object, a relocation hearing must be scheduled — which can take several weeks to several months depending on the court’s docket and the complexity of the case. I move relocation petitions as efficiently as the court allows and prepare thoroughly so that when the hearing date arrives, we are not scrambling.


Last Reviewed: June 2026 | Content reviewed by Jacob Colonna, Attorney at Law


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