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My son is 16 years old. My sons daddy has had him for about

Customer Question

My son is 16 years old. My sons daddy has had him for about the past 10 years. We have no legal papers of where is would be when he was younger. I had my son until he was about 6. I ( His mother) became very sick at this time and it took about a year for me to recooperate. by then my son became very attached to his daddy and as much as it hurt me, i let him stay with his daddy. There is not any conflict between his daddy and me, its just that my son is now wanting to come live with me. Im not even sure if it would be a conflict. My son just doesnt want to hurt his daddys feelings. We live in louisiana. Just not sure what the law is for him to be able to make this dicision or what age he can legally do this.
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
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:
  1. The love, affection, and other emotional ties between each party and the child.
  2. 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.
  3. The capacity and disposition of each party to provide the child with food, clothing, medical care, shelter and other material needs.
  4. The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining the continuity of that environment.
  5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
  6. The moral fitness of each party, insofar as it affects the welfare of the child.
  7. The mental, emotional and physical health of each party.
  8. The home, school, and community history of the child.
  9. The reasonable preference of the child, if the court deems the child to be of sufficient age and maturity to express a preference.
  10. The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
  11. The distance between the respective residences of the parties.
  12. 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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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
The reason i did not hit accept yet, is because the first question i asked was " how old is the legal age to move out of your parents home living in Louisiana without your parents consent". You asked me to explain my situation, so I did. I got back the answer I already new and never got an answer about the legal age. Thats all I wanted to know.
Expert:  Attorney & Mediator replied 5 years ago.
Sorry for the misunderstanding then, your question appeared to be one with regards XXXXX XXXXX that is why it was answered the way it was. But to answer your question " how old is the legal age to move out of your parents home living in Louisiana without your parents consent"

The answer is 18, pursuant to § 46:2702; La. Ch.C. Art. 603. The age of majority is the age where the child can decide on their own where they wish to live. That is the answer to your question.








_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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