Well a minor never has the final say in deciding where he wants to live. This is a decision for the parents to decide or for the court to decide. The law permits a minor to state a preference to the court, but the ultimate decision comes from the court based on the following factors:
LA Civil Code Article 134, such factors may include the items listed below. This list is non-exclusive and the determination as to the weight to be given each factor is within the discretion of the trial court:
- The love, affection, and other emotional ties between each party and the child.
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
- The capacity and disposition of each party to provide the child with food, clothing, medical care, shelter and other material needs.
- The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining the continuity of that environment.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of each party, insofar as it affects the welfare of the child.
- The mental, emotional and physical health of each party.
- The home, school, and community history of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient age and maturity to express a preference.
- The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
- The distance between the respective residences of the parties.
- The responsibility for the care and rearing of the child previously exercised by each party.
Now these factors only come into play when you file for custody. Right now if you both can agree without getting the court involved that would be best, XXXXX XXXXX custody dispute is very litigious and generally the parent who has had custody of the child is given primary custody. A child of his age can state a preference that the court will take into consideration but the court will review all factors outlined above if they are to make the decision with regards XXXXX XXXXX
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