Legal Question in Family Law in Louisiana

Child Custody

What does domicillary custody stand for. What rights does this give the parent who has joint custody but not domicillary custody. At what age can a child decide where they want to live.


Asked on 11/19/01, 8:56 pm

2 Answers from Attorneys

Blane G. Williams Blane G. Williams Attorney & Counselor at Law

Re: Child Custody

The Person that has domiciliary custody is the primary custodian of the child. Joint custody does not specify time that the child is in your custody but is a rather generic term for the shared custody. details are specified by the Judge in the custody agreement or judgment. As a matter of reality children of a tender age generally 0 - 10 will be placed by the judge with the mother. the law does not have a preference the best interests of the child will rule. Judges sometimes take into consideration where a child wants to be if child appears to to have good reason. When the child reaches the age of majority or is emancipated they can live where they want

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Answered on 11/21/01, 12:00 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Child Custody

The domicilary parent is the parent with whom the child resides. The other parent usually receives set visitation rights. Also, the domicilary parent usually has the final say in certain decision making. Joint custody does not mean 50-50 custody, which has most recently been referred to as "shared custody," but rather gives the non-domicilary parent certain rights that they did not previously have. Some of those include obtaining medical records directly from the health care provider, and school records directly from the school. There is no set age when a child can decide who they live with, but as they approach the teen years, the court has given their preference more consideration. But at any age, if the child can verbalize their desires concerning living arrangments, the court will usually listen.

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Answered on 11/20/01, 9:59 am


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