Alexandria, LA asked in Family Law for Louisiana

Q: Can i choose which parent i would rather live with?

I live with my mother currently. Have been for the past 15 an half years. However I don't think that this arrangement is very healthy at all for me. She verbally and physically abuses me. For an example, me and my sister got in trouble for the dishes and she made us put our knees on a broom for 10 minutes holding our arms above our heads. That whole week we couldn't wear anything that showed our legs because of the bruises. Another example, She thought i had taken something of hers and when i was trying to explain that i wasn't she got angry. Slapping me, punching me, she threw a lamp at me then at the wall. Have much more to say if you have time.

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1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Marksville, LA
  • Licensed in Louisiana

A: Ultimately it is either the parents' decision or the judge's. However, while a minor cannot "decide" which parent to live with, as the child gets older his or her preference becomes more important to the judge. If a 15 year old has a mature, well-reasoned preference, especially in the scenario you have described, a judge would be hard-pressed to not give it a tremendous amount of weight.

I strongly recommend that you speak with your father about the conditions in which you are living, and ask him to file for temporary, ex parte custody (an emergency custody order) pending a hearing. You can tell your dad that I will be happy to speak with him and let him know what his rights are. If your father cannot, or will not, file, then I strongly suggest that you speak with your doctor, teacher, principal, or school counselor about the situation. They are mandatory reporters and will get the state child abuse people involved, who will hopefully place you with your father or another relative until the matter can be sorted out.

God bless, and I wish you the best of luck.

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