Louisiana Custody With Minor Child
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FAQ
A father too is the natural guardian of a minor child and has equal right to the child's custody, the Karnataka HC observed in a recent judgement while upholding the order passed by a family court in Bengaluru, reports P Vasanth Kumar.
There is no age in Louisiana at which a child has the right to decide with whom he/she wants to live. Unlike other states, there is not even a presumption that at any age that a child can make that decision. A child's preference is a consideration only, it is only one factor.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.
A written petition has to be filed in the court that does juvenile cases where the parents or you live. At least one of the parents has to sign the petition. You will sign an affidavit attached to the petition saying you are willing to take custody of the child.
Unlike other states that only grant children over a certain age the opportunity to express their preference, Louisiana will consider the child's maturity. For example, a 13-year-old may say she wants to live with her mother because her father does not let her go out with friends without an adult present.