Legal Question in Family Law in New York

What age can a child choose where to live

My daughter will be 16 next year and she wants to live with her father, which is me. Can she make that decision without her mothers interference?

Asked on 4/25/03, 3:27 pm

2 Answers from Attorneys

Re: What age can a child choose where to live

In New York, there is no set age when a child can decide where they want to live. As a practical matter, however, Courts realize that, especially with teenagers, it is impossible to force them to live somewhere where they do not want to live. You should try to work out an amicable agreement with your ex to modifiy the existing custody and child support order and, if necessary, file a Family Court Petition to grant you physical custody and child support for your daughter.

Whitney A. Clark

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Answered on 4/26/03, 8:40 am

Robert Evans Robert S. Evans esq.

Re: What age can a child choose where to live

The court has the power to determine the proper custody of a minor child in making a determination it uses the criteria "the best interests of the child" This includes the childs desires .Best of luck ,I handle these type cases however the fees begin at $150 per hour, youmay contact me if you desire @7-8-834-0087.

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Answered on 4/28/03, 6:30 pm

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