New York  |  Family Law

Legal Question

Asked on: 6/02/02, 11:55 am

Can Child Decide Custodial Parent?

I ''share'' custody of our three children, ages 15, 13, 8. It is a true 50:50 arraingement. I pay an agreed upon amount of child support based on a formula that takes into account our income differential, state mandated support percentage, and is adjusted yearly.

My children are dissatisfied time spent with their mother (lifestyle issue, she is gay AND she is moving in with her partner outside the kid's current school district). The two older ones have expressed an interest in moving in with me ''full-time'', visiting their mother every-other-weekend and one evening a week. Mom is refusing to allow this.

Questions (first being most important):

1. At what age can a child decide which parent they prefer to live with?

2. Must this be court ordered or can the child just move if the ''receiving'' parent agrees?

If you hvae time and it is allowed, additional questions:

3. If they do move in, do I have to petition the court to reduce child support or can I just downgrade based on the income formula and the state-mandated support ''rate'' (currently 29% of gross after FICA) to that appropriate for the number of kids (2) I will have full time?

4. Can *I* collect child support from her?

Thanks!

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