Legal Question in Family Law in Louisiana

children making choices

My husband's 16 year old says she is old enough to decided whether she wants to come every other weekend or not. And she doesn't want to come due to us having RULES @ our house. Is she able to choose?


Asked on 3/15/07, 2:37 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: children making choices

Dear LawGuru Friend,

Legally, no! As a practical matter, she can cause so much pain and anguish that it's not worth the fight and your husband gives in to her. If the court has awarded your husband visitation or joint custody, then he is entitled to that; and she, as a juvenile, is being "delinquent", when she refuses to go visit with her father or reside with him when it is his tiime for his part of joint custody under a joint custody judgment. The only thing the law would do to make her do what she's supposed to do is to have her run through the Juvenile "Justice" Industry and handled like any other juvenile "criminal". Of course, when she reaches the age of seventeen; although she is not an adult, she is no longer a juvenile; and nobody can tell her what she has to do, so long as she does not violate the criminal statutes. There is more to it all than this, but this is something to think about. Good luck! I hope it all works out pleasantly for all involved!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 3/15/07, 10:23 pm


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