A bill to clearly define how custodial distance is calculated in Louisiana has passed unanimously from a house committee. Current law says custodial parents cannot relocate more than 75 miles away from the other parent without their permission. But how the mileage is calculated is left to a judge’s discretion.
As Louisiana Public Radio reports, Claire Jacobs testified before the Louisiana House Civil Law and Procedure Committee that she spent thousands of dollars in court because her judge wanted to count mileage via the interstate instead of by other surface roads. “I won my case, but there should never have to be a case to begin with. We need a clear, uniform definition on how to measure the 75 mile distance, such as any surface road, any route from point A to point B. We need to eliminate this judicial ambiguity.”
Louisiana House Bill 112 “to specify how miles are measured for the relocation of a child” now advances to the full house for debate. Jacobs calls the proposed legislation a common sense measure. “When ambiguity exists, it's low hanging fruit for attorneys and families who get sucked into the judicial process. And we need predictable outcomes. Families shouldn't be forced into expensive, avoidable litigation. When it's black and white, it's avoidable.”
For the bill’s sponsor, Rep. Mike Bayham, R-Chalmette, this is a very personal piece of legislation, in which he described the ordeals of being raised by divorced parents. “The lack of certainty always led to lawyers getting involved in fighting where it didn’t need to happen.”
Louisiana Bill Would Clearly Define Custodial Parent’s Moving Distance Calculation After Divorce
