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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is currently in LA retired military he has primary

Customer Question

My son is currently in LA retired military he has primary custody of the 3 minor children the mother lives in LA but my son wants to move back to Tn his resident state. the Judge agreed so question once he the father moves with the children back to Tn after what period of time will the children become residents of the sate of Tn.? Question Do the children have to stay residents of LA because the divorce took place In LA? .
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
My additional question is , once the father and the children move to TN and are in school can my the father get a TN attorney to handle any issues that may come up referencing the children custody status. and or visitation issues .
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is controlled by the Uniform Child Custody Jurisdiction and Enforcement Act. Under the UCCJEA, the original court of jurisdiction for the divorce/custody retains the jurisdiction for any custody change unless:

1) All of the parents and children have moved to another state, and if so, then the state where the children have lived for the last 6 months has jurisdiction; or
2) The children have already relocated along with the parent, and have no "ties" to the original state. If so, then the state where the children have lived for the lat 6 months has jurisdiction.

Now, the children still live in LA. Ergo, LA has jurisdiction for any custody modification under UCCJEA (regardless of what state may consider them a formal resident).

The father has to give a 60 day notice of intent to relocate. La. Rev. Stat. Ann. § 9:355.13. If she does not challenge it, he can relocate. If she challenges it, then the Court decides whether or not to grant it based on the following factors:

(1) the nature, quality, extent of
involvement, and duration of the child's relationship
with the parent proposing to relocate and with the
non-relocating parent, siblings, and other significant
persons in the child's life; (2) the age,
developmental stage, needs of the child, and the
likely impact the relocation will have on the child's
physical, educational, and emotional development,
taking into consideration any special needs of the
child; (3) the feasibility of preserving a good
relationship between the non-relocating parent and
the child through suitable visitation arrangements,
considering the logistics and financial
circumstances of the parties; (4) the child's
preference, taking into consideration the age and
maturity of the child; (5) whether there is an
established pattern of conduct of the parent seeking
the relocation, either to promote or thwart the
relationship of the child and the non-relocating
party; (6) whether the relocation of the child will
enhance the general quality of life for both the
custodial parent seeking the relocation and the
child, including, but not limited to, financial or
emotional benefits or educational opportunities; (7)
the reasons of each parent for seeking or opposing
the relocation; (8) the current employment and
economic circumstances of each parent and whether
or not the proposed relocation is necessary to
improve the circumstances of the parent seeking
relocation of the child; (9) the extent to which the
objecting parent has fulfilled his or her financial
obligations to the parent seeking relocation,
including child support, spousal support, and
community property obligations; (10) the feasibility
of a relocation by the objecting parent; (11) any
history of substance abuse or violence by either
parent, including a consideration of the severity of
such conduct and the failure or success of any
attempts at rehabilitation; and (12) any other factors
affecting the best interests of the child.
La. Rev. Stat. Ann. § 9:355.12(A).

Now if you still wish to discuss residency requirements (we can, but they are simply not relevant here because UCCJEA controls), we can - reply and let me know, please.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.

Oh, one more thing - as for issues AFTER they relocate - that can be handled in TN (by a TN attorney) if the children do not visit LA and have no ties to the state. If they do visit (if the mother exercises custody), then LA court still holds jurisdiction.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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