An adoptive parent has the same rights as a natural parent under the law of Louisiana. If one parent has legal custody and another parent has physical custody of a minor child, the parent with physical custody must file a proceeding to change legal custody. If the parent with physical custody is not breaking the law by maintaining the physical custody, they may go to local authorities such as a local truancy office to obtain permission to temporarily send the minor to the local school until the legal situation is sorted out. A parent in this position needs to consult with an attorney immediately to avoid taking action that may cause them to be in violation of the criminal and civil laws regarding custody.
The first issue to address is getting you into school! Your mother MUST seek legal advice now to file a petition in the appropriate jurisdiction where you live. It appears that there are serious legal issues that need to be addressed, the first is which parent was granted physical custody and for what reason. Second: why did your mother decided to relocate to Metairie? Encourage your mother to seek help, she cannot do this alone.
One of the most common child custody questions asked is: “At what age can a child decide which parent to live with?” There is typically no specific age when a minor child can ultimately decide which parent he/she wants to live with. It is usually up to the court or a judge to decide if parents do not agree on child custody and visitation. Whether a child’s wishes is to be considered by a judge often depends on the child’s age, maturity, reasons, specific circumstances of the case, state laws and whether it is in the child’s best interest to testify. Generally, the older and more mature the child is the more likely the court will listen to his/her wishes and the more weight his/her wishes will be given.
The answer to this question is for general purposes only and does not establish an attorney-client relationship.
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