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If the child is at least 12 years old, courts will usually give the child's preference some weight. Courts don't have to follow a child's custodial preference. The court decides how much weight to give each child's opinion by considering the rationale behind the child's preference.
Children aged 12 or over are usually considered to be old enough to know what they want. The judge can decide to listen to the children, or the judge can decide for the children. The only principle the court has to consider is what would be in the best interests of the children.
A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court.
Father's right to see a child. A father has the same rights as a mother and contact cannot be legally stopped unless there are concerns that further contact could affect the welfare of a child.
Under Louisiana law, a father of a child born outside of marriage is not responsible for child support payments until paternity has been established.
Louisiana law states that a child has a right to time with both parents, so if the court awards one parent primary physical custody, the judge will order visitation for the noncustodial parent.
In each children law court application, the court will not only assess the child's wishes and feelings but consider them in the light of the specific child's age and understanding.
Non-custodial parents who have a history of family violence or physical abuse toward the child or children may not be allowed visitation privileges and if allowed by the courts, only under supervised visitation.
If the child is at least 12 years old, courts will usually give the child's preference some weight. Courts don't have to follow a child's custodial preference. The court decides how much weight to give each child's opinion by considering the rationale behind the child's preference.
If you stop letting the other parent see a child, there is not much that the other parent can do except go to court and ask for custody and visitation rights. If there is no court order about your child, the police don't like to get involved in family disputes unless there has been physical abuse.