Legally, I have sole physical custody of my thirteen year old son. Is he old enuf to choose which parent he wants to reside with

Asked about 2 years ago - Sedalia, MO

my son is 13 years old now. As soon as my sons summer began, he visited his father his first weekend of the summer two months ago and has not stayed but two nights overnight with me. My son has several county fairs during his summer due to his cattle shows. For the last couple of summers I allowed to come and go between his dads and my house for the fact he is very busy with his dad and chores raising his cattle. I have recently received a notice that his dad requested a child support cancellation. since my boy turned 13 his dad shared with him that he can live with his dad all the time if he expresses those are his wishes to a legal judge? Also does the fact that my boy has been there for 8 weeks give his father the right to request ending his legal child support order. WHAT DO I DO

Attorney answers (1)

  1. Robert Thomas Knight

    Contributor Level 3

    Answered . In Louisiana, a Judge looks at the Article 134 factors in determining the best interest of the child and in awarding custody. One of those factors is the child's preference if the court determines that he is of sufficient age to make that decision. Usually a 13 year old is of sufficient age. So if you were in Louisiana, it would be only be one factor. The answer to your second question would be yes. If your child is no longer living with you and living with the other parent who is paying child support, they can request a cancellation of that child support order. In other words, if you want child support, you need to have the child.

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