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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Louisiana, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody decisions, particularly once the child reaches an age capable of expressing a reasonable preference. While there is no specific age set by statute, it is commonly understood that a child's preference is given more weight as the child gets older, with the views of children aged 12 and above often being taken into account. However, the child's choice is not determinative. The court's primary consideration is the best interest of the child, which encompasses various factors such as the child's welfare, the parents' ability to provide for the child, and the stability of each home. The relevant statutes can be found in the Louisiana Civil Code and the Louisiana Children's Code, which guide family law proceedings in the state.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Louisiana State Code

Louisiana State Code

Child custody

child's choice on where to live

Articles