Ask Experts Questions for FREE Help !
Ask
    dkliebert's Avatar
    dkliebert Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 30, 2009, 09:27 AM
    Age of custody
    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's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
    		  
    #2

    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's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
    Ultra Member
    		  
    #3

    Sep 30, 2009, 09:57 AM
    Quote Originally Posted by dkliebert View Post
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

I have temp. Custody of my niece how do I get full custody? [ 2 Answers ]

My sister has 3 kids and don't have custody of any of them. I have temporary custody of her 1 year old and the other the other 2's father has custody of them. She signed her to me for a year, but when that year is up she might want her back and I want to have everything ready for that. If you can...

Sole custody vs. Joint custody [ 1 Answers ]

I currently have joint custody of my two children and I have physical placement. Their mother has had another child that is about 3 years old and she is currently going through a custody battle in which this child's father is going for sole custody due to my ex's habitual drug use and her inability...

Regaining custody after voluntarily signing over custody [ 4 Answers ]

I was a teen mother and I took care of my daughter from when she was born until she was about two and a half. I signed over permanent custody to my parents when I was unable to take care of her because of financial hardships and personal difficulties. I was told it had to be permanent because in...

Primary physical custody and joint legal custody [ 2 Answers ]

My son and his wife are divorced now, they have joint legal custody mother has primary physical custody because my son is in the military and he was told that she had to have primary physical custody in order to enroll the child in school. However she doesn't have my son listed as a contact person...

View more questions Search