Louisiana Revised Statutes & Codes
La. Rev. Stat. § 9:355.8 (2026)
A non-parent may object to the relocation only if he has been awarded custody. A non-parent who has been awarded visitation may initiate a proceeding to obtain a revised visitation schedule.
✓ current as of May 2026
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§355.8. Limitation on objection by non-parents
A non-parent may object to the relocation only if he has been awarded custody. A non-parent who has been awarded visitation may initiate a proceeding to obtain a revised visitation schedule.
Acts 1997, No. 1173, §1; Acts 2003, No. 1209, §1; Acts 2008, No. 751, §1, eff. July 3, 2008; Acts 2012, No. 627, §1.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 2000–2022 · leading case: Peacock v. Peacock, 903 So. 2d 506 (La. Ct. App. 2005).
Peacock v. Peacock, 903 So. 2d 506 (La. Ct. App. 2005). “05/31/00), 762 So.2d 635 . The non-domiciliary parent who is given adequate notice then has the opportunity to initiate a hearing wherein he or she can make before the court any objection to the relocation.”
Hillman v. Davis, 834 So. 2d 594 (La. Ct. App. 2002). “R.S. 9:355.8(A). If the non-custodial parent fails to object within the specified twenty days, the custodial parent may then relocate the child's principal residence.”
Jarnagin v. Jarnagin, 25 So. 3d 1028 (La. Ct. App. 2009). “R.S. 9:355.8. The defendant argues that failure to appoint an expert, specifically on the issue of whether relocation would negatively impact his relationship with his children, amounts to a breach of the trial court’s discretion.”
Johnson v. Johnson, 759 So. 2d 257 (La. Ct. App. 2000). “R.S. 9:355.8, the court has the authority to "appoint an independent mental health expert to render a determination as to whether the proposed relocation is in the best interest of the child.”
In re J.E.T., 211 So. 3d 575 (La. Ct. App. 2016). “Pursuant to LSA-R.S. 9:355.8, a non-parent may object to the relocation if she has been awarded custody.”
Richardson v. Richardson, 774 So. 2d 1264 (La. Ct. App. 2000). “LSA-R.S. 9:355.8. However, failure to file this objection within the twenty-day delay provided in the statute does not forever preclude the parent entitled to notice from opposing the relocation; he or she merely forfeits the opportunity to prevent their immediate relocation by…”
Curole v. Curole, 848 So. 2d 591 (La. Ct. App. 2002). “The court erroneously stated, in the written Reasons for Judgment, "No independent mental health expert was appointed by the court to perform evaluations pursuant to R.S. 9:355.8 B." Instead, the court relied on the testimony of Dr.”
Bares v. Bares, 40 So. 3d 1153 (La. Ct. App. 2010). “R.S. 9:355.8. FACTS Warren and Sherrill were married on February 27, 1993.”
Maggye Rebecca Turner Winterer v. Seth Russell Winterer (La. Ct. App. 2022). “R.S. 9:355.8 provided that the parent objecting to relocation must initiate a summary proceeding within 20 days after receiving notice and seek a temporary or permanent order preventing the relocation.”
— La. Rev. Stat. § 9:355.8(A) — 1 case
Hillman v. Davis, 834 So. 2d 594 (La. Ct. App. 2002). “R.S. 9:355.8(A). If the non-custodial parent fails to object within the specified twenty days, the custodial parent may then relocate the child's principal residence.”
— La. Rev. Stat. § 9:355.8(B) — 1 case
Richardson v. Richardson, 774 So. 2d 1264 (La. Ct. App. 2000). “LSA-R.S. 9:355.8. However, failure to file this objection within the twenty-day delay provided in the statute does not forever preclude the parent entitled to notice from opposing the relocation; he or she merely forfeits the opportunity to prevent their immediate relocation by…”
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