Asked in Family Law and Child Custody for Louisiana

Q: Can we let 12 year old son stay with us after summer break without going court he lives in South Carolina?

His mother moved to South Carolina and there is no custody agreement with the court here in louisiana. His son says he want to live with us, but his mother tells him he cant. He will turn 13 during summer break before he goes back to South Carolina. Can we just tell her he's staying with us or do we need to file with the court house?

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

A: Technically, if there's no custody order, you and the mother have equal rights to the child; however, I would recommend filing to establish custody here in Louisiana as soon as you get your son. If you don't, there's a virtual guarantee that she will file in SC if you refuse to return the child after the summer break. Give me a call, and I'll be happy to discuss the matter further with you.

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