Legal Question in Family Law in New Jersey
When the kid gets to decide
hello, i'm 17 and my 15 year old sister and I live in new jersey with
our mom. We're extremely unappy living with her and want to live
with our father. We know that she will do anything she can to keep
us from living with him. We also know that we would be much
happier with him. What are our chances of being able to decide for
ourselves?
2 Answers from Attorneys
Re: When the kid gets to decide
You and your sister are old enough that you preference as to which parent with whom you would reside has considerable weight, although it is not the only factor that a court would consider. Your father must apply to the court for primary residential custody to bring the issue before the Court.
Gary Moore, Esquire
Hackensack, New Jersey
899 273 7933
www.garymooreattorneyatlaw.com
Re: When the kid gets to decide
There is no particular age. It depends on the maturity of the child. Some 10 year olds may be mature enough to choose; some 16 year olds may not be. All child-related decisions are based on the best interest of the child and after hearing all of the facts and circumstances and perhaps hearing the opinions of experts, the Court would make its determination. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. You might want to suggest to your father that he consult with a Family Law attorney in New Jersey. Good luck! Rob Gleaner