Can my child choose who he wants to live with?

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I am a stay at home mom with an 18 month old and a 7 year old. We are starting the divorce process and I have gotten a job in another state and I want to take both of my kids with me but my husband wants to keep our 7yo. Can the 7yo pick who he wants to live with?

Attorney Answers

4
Siobhan Leger ·
His preference may be considered to some extent, but it won't be the deciding factor. There are many factors that judges consider when making custody decisions. It sounds to me like you need to meet with a family law attorney.
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Jason Asbill ·
The decision of who will have custody of the children depends on many factors to determine the best interests of the child. The preference is one of the child is one of the factors listed if the court determines the age of the child is sufficient to have a reasonable preference. Now, there is no hard and fast rule of when a child has reached the age to state a preference, but generally the age is thought to be 12 years old. As the previous attorney's answer stated, however, this is one of numerous factors that is considered, if considered at all. Custody issues can get very complicated, especially since you are considering moving out of state. I would suggest speaking to an attorney if you're interested in maintaining custody of the children.
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Betsy A FischerChild Custody LawyerMetairie, LA ·
The child's preference is only one factor the court will consider. At 7 years old, a court may consider the child too young to express a preference. You cannot just take the children and relocate. You will need to file a request to relocate your children with the court. I suggest you consult with an attorney as soon as possible regarding your rights. Good luck!
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Lauren G. ColemanFamily Law AttorneyAlexandria, LA ·
The child can not decide whom to live with. One of the factors the court considers is the preference of the child, but a child of 7 would not likely be given any chance to make his wishes know to the judge. As one of the other attorneys pointed out, Louisiana has a relocation statute that requires that you receive permission from the other parent before relocating out of state. You need to discuss the divorce and custody issues with an experienced family law attorney to understand your rights and obligations regarding your children.
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