My parents are getting divorced. I am 18 years old and in college. I am a resident of New York. By law, do I have to go to court during their trial to decide who I want to be my guardian? My mom says her lawyer says I have to. I told my mom I would write a letter saying I want her to have full custody. She says that isn't enough. I asked her even if both you and dad agree? I am in college and really don't want to miss class. By law do I have to appear in court? Is this something that I can be subpoenaed for? Not that I would let it get that far anyway. If not I would assume, I can't be forced and are therefor not required to go. Thanks in advance.
1 Answer from Attorneys
If you are not subpoenaed, you are not legally obligated to appear.
Yes, the attorney can subpoena you as a witness.
A letter isn't enough to substitute for your actual sworn testimony.
Also licensed in New York.