Legal Question in Family Law in New York

Re: Civil Child Custody Battle

The court will consider the 11 year old's wishes to live with you, although it may still direct custody to the mother.

The Courts do not like to separate children. However, there are situations where this does occur. Remember, the Court looks to the best interest of the child. And, if the best interest of the children indicates that the siblings will be split, then each parent will be awarded custody.

Mike.

Re: Civil Child Custody Battle

There is no specific age where a child has a definite say as to which parent he/she wants to live with.

It depends just as much as the age and maturity of the child. Usually an 11 year old will have a good say in the matter, while a child less then 5 would not have the maturaty to state a preference.

A 6 year old would have difficulty being by herself but an 11 year old certainly is able to take care of himself until you come home from work.

Courts are reluctant to split siblings, but they do if a case can be made.

Your son is not with anyone during the day - except the teachers at his school.

If you would like some more information, please feel free to contact me.