Legal Question in Family Law in New York
I am 14 years old and I want to live with my father. My mother said no but my father said I could come. Now she is threatening to take him to court. There are so many reasons why I don't want to live with my mom. When she takes him to court do I have a say in who I want to live with?
1 Answer from Attorneys
You only have a limited say in who you will live with, so you should not put a lot of pressure on yourself, as you cannot control the outcome.
Typically in New York State if a mom or dad start a Family Court action to decide who will have physical custody over a child, the Court will appoint an attorney for that child, and the child will speak with the attorney and the attorney for the child will advocate for the child. The judge may ask for a private meeting with the child and the attorney for the child too, so he/she can hear what the child wants. Even after all of this, the judge must consider other factors that have to do with the parents, and nothing to do with the child. I hope this helps.