Legal Question in Family Law in New York

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.

Asked on 11/27/12, 7:32 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

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.

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Answered on 11/30/12, 8:50 am

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