2006 Louisiana Laws - RS 9:355.1 — Definitions

SUBPART E.  RELOCATING A CHILD'S RESIDENCE

§355.1.  Definitions

As used in this Subpart:

(1)  "Equal physical custody" means that the parents share equal parental authority of the child absent a court order to the contrary.

(2)  "Parent entitled to primary custody" means a parent designated by a court order as the sole or primary custodian or domiciliary parent within a joint custody arrangement, but does not include a parent who has equal physical custody.

(3)  "Principal residence of a child" means:

(a)  The location designated by a court to be the primary residence of the child.

(b)  In the absence of a court order, the location at which the parties have expressly agreed that the child will primarily reside.

(c)  In the absence of a court order or an express agreement, the location, if any, at which the child has spent the majority of time during the prior six months.

(4)  "Relocation" means:

(a)  Intent to establish legal residence with the child at any location outside of the state.

(b)  If there is no court order awarding custody, an intent to establish legal residence with the child at any location within the state that is at a distance of more than one hundred fifty miles from the other parent.  If there is a court order awarding custody, then an intent to establish legal residence with the child at a distance of more than one hundred fifty miles from the domicile of the primary custodian at the time the custody decree was rendered.

(c)  A change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence.

Acts 1997, No. 1173, §1; Acts 2003, No. 1209, §1.