Legal Question in Family Law in Louisiana
At what age can my child decide?
My ex has custody of our child. Said child has recently decided that they would rather live with me. Of course the ex-spouse has a problem with this. I have been told that there is an age, when reached, that a child can make his or her own decision as to which parent he or she lives with. However, I have heard that this age is 12, and I have heard that this age is 13. So which is it, or if it is neither 12 nor 13, what is the age a child can tell the court where he/she wants to go?
2 Answers from Attorneys
Re: At what age can my child decide?
The deciding factor in a child custody matter is always the same, "What is in the best interest of the child.
There is no magic age that a court must listen to a child. The court never is obligated to give the child what (s)he wants. That being said, at some point (usually between 12 and 14) that most judges will listen to the child's input in custody matters. Even then the judge should evaluate the sensibility of the child and the reasons for the preference.
Re: At what age can my child decide?
The "best interest of the child" always controls. There is no "magic age" where the child gets to decide who they will live with. The judge will speak with the child, assuming that the child shows some understanding and maturity beyond their biological age, and will give that input some weight in the decision. But ALL judges understand that living full time with a parent is NEVER as enjoyable as the "visits" with the other parent, for obvious reasons. Anyway, in my opinion, the CHILD should not have the FINAL say on the subject.
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