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By age 11, courts typically allow the child to state his or her preference. Other factors may focus on the parents, like which parent is more likely to take care of the daily physical, emotional, developmental, educational, and special needs of your child.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
Legal custody comes in five types: (1) joint, (2) shared, (3) split, (4) sole, and (5) guardianship. Joint, shared and split custody usually refer to arrangements between parents. Sole custody refers to situations when one parent gets custody, while the other parent has limited rights.
In the state of Louisiana, if a mother and father are not married when their child is born, the child does not have a legal father unless paternity is established. All kids deserve the right to know who their parents are and have access to all the benefits that come with establishing paternity.
However, if a moving parent takes the child and leaves without the other parent's permission, or a court order, the court can consider that act of defiance, in and of itself, to be a change of circumstances justifying a modification of the original order.
By age 11, courts typically allow the child to state his or her preference. Other factors may focus on the parents, like which parent is more likely to take care of the daily physical, emotional, developmental, educational, and special needs of your child.
Although it is common that a domiciliary parent be named, it is not required in Louisiana. The first provision simply relates to the custody schedule. While shared custody (i.e., 50/50 year-round) does occur, it is far more common for the parties to have a school schedule, a holiday schedule and a summer schedule.
Examples of establishing a domicile include registering to vote, registering and titling vehicles, obtaining a driver's license, changing children's school of attendance, obtaining a homestead exemption, or any other actions that show intent to establish a new domicile outside of Louisiana.
(2) The domiciliary parent is the parent with whom the child shall primarily reside, but the other parent shall have physical custody during time periods that assure that the child has frequent and continuing contact with both parents.
However, if a moving parent takes the child and leaves without the other parent's permission, or a court order, the court can consider that act of defiance, in and of itself, to be a change of circumstances justifying a modification of the original order.