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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.
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