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This answer was rated:

in Louisiana can my 17 yr old legally stay where he wants after

his father has died...
in Louisiana can my 17 yr old legally stay where he wants after his father has died
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Answered in 1 minute by:
7/1/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Does anyone have a court order of custody for the child? When does he turn 18?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

we had joint custosy. he turns 18 in jan.

I see. Thank you for clarifying that, Amy.

A court would typically consider the child's wishes when they are of sufficient age, but the law does not permit the child to choose where they will live until they reach the age of 18, which is the age of majority under LA law.

Since you have joint custody with the father who is now deceased, the child would typically be required to live with you and would not have the right to choose to live elsewhere.

Here is a link which sets out the factors a court will normally consider in determining custody, but the child's wishes are not determinative:

http://www.attorneys.com/child-custody/louisiana/


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Tina and 87 other Family Law Specialists are ready to help you
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Hello again Amy,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina
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Customer reply replied 4 years ago

Sorry i have not rated you yet. This process is delicate and i want to present your information and professional opinion first which will happen in a few days. I have signed up for a 7 free day trial and wanted to be able to ask you more questions if something else was to come up.


I have a stepmother who is basically telling my son he can live where he wants (which is with her) so she can continue collecting my child support and collect his SS death benefits. My question is how can I legally establish his residency with me. What i have done already is put him on my lease, his insurance is through me & i planned on going to his school and redoing his paperwork because his father filled all that out and now that he is deceased i feel like it should be updated. Any other advice?

Hello again, Amy.

I certainly understand.

I would also contact the social security administration and provide them with your custody order, indicating you have joint custody with the father, so you are entitled to sole custody since the father is deceased.
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Customer reply replied 4 years ago

i did and the SS lady contacted me back and told me that she spoke with "said" stepmom/wife of my Ex and told her my son would be living with her. That's why i was asking if there are any means of documentation i can send to the SS office? I will be sending copy of lease with his name added.

I see. The order of custody along with your lease and school enrollment should aid you. A step-parent would not typically have any legal right to custody without a court order, so you could also have a local attorney inform them of that.

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Tina
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
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Experience: JD, 17 years legal experience including family law

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