View Full Version : Age of custody
dkliebert
Sep 30, 2009, 09:27 AM
I currently have 50/50 custody with my children's father. The children are ages 14 1/2 and 13. They never wanted the 50/50 custody with their father but judge ordered it 3 years ago. Up until then their father did not want any form of custody. Now the children have had enough and want custody to return to me. They do not wish to go to their fathers. What steps do I need to take for them. Are they old enough in Louisiana to make that decision with out a judge or not,
stevetcg
Sep 30, 2009, 09:54 AM
They will never be old enough to make a *legal* decision. Their opinion might be heard but ultimately its up to a judge until they reach the age of majority (18)
Basically what happens is that you need to go to court and file for a modification of custody requesting full physical custody. Their opinions on the matter should be able to be registered with the court and the court will have a scale of how much weight their opinions should garnish.
Justwantfair
Sep 30, 2009, 09:57 AM
they do not wish to go to their fathers.
In addition, the court's will not enforce an order barring visitation with the father without just cause. Just cause will not be determined by a 14 1/2 and a 13 'not wanting' to go anymore. The father will still have visitation, even if you have the custody modified.