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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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This is Law. Explanation: - Judgement of

Customer Question

This is for Louisiana Law.
- Judgement of divorce was passed & rendered 2012. (Louisiana civil code article 102)
- Both parties share joint custody of the minor children with the mother bring the domiciliary parent.
- Husband is to pay child support as well as provide health care for the children
- "Neither parent shall be allowed to leave the state of Louisiana with the minor children without first notifying the other parent and receiving permission reduced to writing by same."
- "mother shall maintain the exclusive use and occupancy of the former family home located at XXX street name, louisiana."
- The husband has moved out of state to Arkansas 3 years ago *without* written consent from the wife. He intends to move to another state in a month.
- The husband has never paid any child support nor has provided any heathcare for the children which reside with the wife/mother since the establishment of this divorce.
Taking all of the above into consideration, does the wife/mother still have to seek written consent to move out of state?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
The issue is not whether the parents have the right to relocate out of state, but rather whether the children may relocate.
Because the court order specifically restricts the relocation of the children, and despite the fact that the father has been entirely and utterly derelict in his financial obligations, that does not relieve the other parent from seeking court approval for the relocation.
That having been said, there is no reason in the world that the court will not immediately grant the right to relocate the children and so this is a hoop to jump through, but not something to persuade the court of your right to relocate the children. The Motion for Relocation will be certainly granted based on all the circumstances that you describe.
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