LOUISIANA LAW- Does anyone Know at what age can a child choose which parent to live with?

Question

i really don't know. The law in Louisiana is full of gaps. Help Please!

Showtunes: If you are not gonna help but instead just criticize just don't answer. Duh! if I wanted to call legal help I would have done it.

Answer 1

18. The ONLY state which allows a child to select based on the law is Georgia and the minimum age is 14. In all other states it is a matter of discretion of the court.

EDITED FOR NIKI:

I suggest if you think my answer is wrong that you cite here the exact statute which supports your contention.

I happen to be an attorney with 35 years of practice. What do you have?

ADDED FOR NIKI'S EDUCATION:
GEORGIA CODE

§ 19-9-1. Custody of children; how determined; discretion of court; right of child 14 or over to select custodial parent; consideration of child's educational needs; when visitation rights may be reviewed; notification of change in residence; application of Article 3 of this chapter


(a)(1) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court.

(2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:

(A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;

(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person;

(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and

(D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7.
(3)(A) In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.

(B) In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. The court shall have complete discretion in making this determination, and the child's desires are not controlling. The court shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interest of the child standard shall be controlling.

(C) The desire of a child who has reached the age of 11 years but not 14 years shall not, in and of itself, constitute a material change of conditions or circumstances in any action seeking a modification or change in the custody of that child.

(D) The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of at least 11 years where the judge hearing the case determines such a temporary order is appropriate.

(b) In any case in which a judgment awarding the custody of a minor has been entered, on the motion of any party or on the motion of the court, that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor, provided that the review and modification or alteration shall not be had more often than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor.
(c)(1) In any case in which a judgment awarding the custody of a minor has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child.

(2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights.

(3) Except where otherwise provided by court order, in any case under this subsection in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of residence and shall include the full address of the new residence.

(d) In the event of any conflict between this Code section and Article 3 of this chapter, Article 3 shall apply.

EDITED FOR LANSSA:

The reason the statutes are vague, is because each situation is different. Currently, the only statute which controls the selection of custodial parent outlines the conditions under which custody (residential as LA. is moving towards more Joint custody orders) is the following:

Louisiana child custody will be determined based upon the following factors:

physical, emotional, mental, religious, and social needs of the child;

capability and desire of each parent to meet the child's needs;

preference of the child, if the child is of sufficient age and capacity;

the love and affection existing between the child and each parent;

the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;

the wishes of the parents;

the child's adjustment to his or her home, school, and community;

the mental and physical health of all individuals involved;

the permanence as a family unit of the existing or proposed custodial home;

the distance between the potential residences;

the moral fitness of the parents. and

any other relevant factor.

Answer 2

Not sure for your state, but the first answer given is wrong.

Call legal aid, not Yahoo answers for help on this.


Edit: Havent bothered to look up the law, but in FL someone I know is busy getting custody of their child based on the law being mentioned. The child in question is not 18 years old. The issue comes down to the child's choice, then the standard safety factors. If all is good then the child's choice is the deciding factor.

Answer 3

its 12

Answer 4

not from the states yet 'regulation' is beside the point to a element. i don't be attentive to the situ of course however the youngster desires to be attentive to his dad till now being whisked away to a place the place there is not something and no person prevalent to him. of direction he would not prefer to pass! if poss this desires to be executed slowly. all and sundry desires to co-function jointly. that's the only way the youngster will earnings. please do top. there is in easy terms one person who concerns here.

Answer 5

I heard it is 12, but just look up Louisiana Child Custody and put in your qustion they'll tell you.

Answer 6

What if noncustodial parent has had no contact with child in over 10 years and custodial parent is homeless, jobless and the 15year old child states the smoke "weed" and "do pills" in front of him and have given him marijuana to smoke with them on multiple occasions. The custodial parent signed guardianship papers to grandparents several years ago and now has remarried and wants to rescind them. Minor wishes to continue living with grandparents who provide all monetary and emotional support for him. He has a safe place and his own room in a drug free environment with them. What are his rights to choose where to live?

Answer 7

16 years old in most states