Legal Question in Family Law in Louisiana

childs choice

Is there a certain age a child can decide if he/she wants to live with the non custodial parent?


Asked on 6/10/07, 11:46 pm

2 Answers from Attorneys

Johm Smith tom's

Re: childs choice

It generally depends upon the child's maturity level. Off hand I'd say 12 is a good starting point.

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Answered on 6/11/07, 6:19 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: childs choice

Dear LawGuru Friend,

I have not read what Attorney David W. Nance has said, but I am sure he answered you correctly. My opinion about your question is that what the child desires is always relevant evidence if produced in a court of law; however, the younger the child is, the less weight the court (judge) gives to it, and the older the child is, the more weight the court gives to it. As always in child custody matters, the best interest of the child is alway the most relevant and weighty matter that the court will consider. Further, a child can be adjudicated a delinquent in the even the or she should run away from the home of the custodial parent and go to the home of the non-custodial parent; and in such a case, it would be expected of the non-custodial parent to persuade the child to return to the home of the custodial parent, at least until the matter of custody can be brought up and re-heard in court and reconsidered by the court. There is more to it all than this, but this is something to think about. Best of luck to you and yours!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

[email protected]

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Answered on 6/13/07, 6:06 pm


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