QUESTION
Can by daughter be taken away from me because she wants to live with her dad?
Asked on May 22nd, 2014 on Child Custody - Louisiana
More details to this question:
My daughter is 11. She has lived with me since she was born. Her father and I split up when she was 4. We weren't married so we never had a custody agreement. I just had domicile custody with her visiting her dad. I just got served papers where her father is suing me for full custody. He no longer wants to pay child support and he wants to be able to claim her on his taxes. So maybe it's money for him. He has told my daughter she needs to tell the judge she wants to live with him. Even though she has lived with me her whole life, she's very well taken care of, she never misses school, she's always been on the honor roll, she has a good life, would a Judge give custody to her father if she says she wants to live with him?
1 ANSWER
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Hello,
Unfortunately, there are so many variables here, its hard to answer the question. Under the Wages v. Wages decision, a 15 year old was allowed to "choose" where he wanted to live...but that was AFTER a judgment was already in place. The court looked to how mature the child was to determine whether his "choice" constituted a "material change in circumstances." In YOUR case, there's no judgment. Ergo, both parties have equal custody of the child and a court certainly CAN take the childs wishes into consideration.
A court "should" look to the practice of the parties and what has gone on with respect to the child's living arangements for the past few years. However, that doesnt mean that he's not armed with a compelling story of why he should have custody. Also, he may have some evidence that you have been recalcitrant to turn the child over...or something he can "spin" to show you were unwilling to turn the child over. Either way, guys typically dont file unless there is a benefit to them.
As always, if you'd like to set up a consultation and live in the Orleans/Jefferson/St. Tammany area, dont hesitate to call The Civil Law Center, LLC 504-342-4221.
Answered on May 27th, 2014 at 10:09 AM