Legal Question in Family Law in Louisiana
brother wants to come back
My brother will be 17 years old in June. Our parents were divorced in Georgia but my brother went to live with my father when he was 14. There was a custody change to my father then that was done in Georgia. Now my brother wants to come back to live with me and my Mama in Georgia. My father is giving him a hard time about it. My qustion is where does my mama need to file legal papers and at what age can my brother decide on his own that he wants to live with my mama in Georgia. Thank you.
2 Answers from Attorneys
Re: brother wants to come back
When he reaches 18 he will be a major and do whatever he wants. At age 17, I think it would be a waste of time and money to file pleadings to change custody.
Re: brother wants to come back
Dear LawGuru Friend,
Even though the heading of your question says it has to do with Louisiana law, everything in the question itself refers to Georga law. Nevertheless, I assume that even though your father got his custody order in Geroga, nevertheless, he now lives with your 16 year old brother in Louisiana. Be that as it may, my answer is that when you brother hits the age of seventeen in June, he can then decide for himself where he wants to live. Legally he is still under the custody of your father until he becomes eighteen, but in Louisiana he ceases to be a juvenile when he hits his seventeenth birthday; and no authority can make him go live with your father. He is not an adult until he has his eighteenth birthday, but for that one year (between seventeen and eighteen) he is neither a juvenile nor an adult; but the juvenile authorities have no jurisdiction over him, so he can live wherever he is welcome. That is the best answer I can give you. Best of luck to you and him both!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
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