Legal Question in Family Law in Louisiana

At what age in louisiana can a child decide where she lives? My daughter is 10 and after a fun-filled weekend stated she wanted to stay at her Dad's, even though I am the Domicile Parent. The Police said it was a civil matter.


Asked on 2/18/11, 10:36 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

The short answer is 18. When it comes to children and divorce, the Court will always do what is in the best interests of the child. Moreover, the Court will not even review the issue of custody unless there is a material change in circumstances. And, the whims of a 10 year old probably don't meet that standard.

The Court will sometimes hear the child's wishes if the Court thinks the child is of sufficient age to make state a preference (usually about 15 years old). However, even when the Court does hear the child's wishes, it is AT BEST a minor factor in the Court's decision. Moreover, given the age of the child, I don't think the Court would even listen to her. She is far too young to know what is best for her.

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Answered on 2/18/11, 10:51 am


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