Legal Question in Family Law in New York

What are a 12 years olds rights. Can they make a decision for where they want to

My neice is 12 years old. She has spent the a large amount of time with me and my parents (fathers side) since she has been born. She has been taken from her mother once around the age of 4 and sent to live with her mothers father for a couple of years. Her mother has sent her to live with us twice. Once for 8 months, and 18 days recently. Now she is back with her mother and it is a bad situation there. The conditions are terrible, she is treated like a slave. She has stated she does not want to be with her mother any more period. She would like to come live with us again. She would like to speak for herself in court but we do not know if that is possible or how to go about it. What can she do to help herself out of the situation. Cps has been called several times, but the mother comes out on top- everything is always unfounded even when they show up and the mother is drunk. She also has a suspected child molester living in the household with her and her kids. He drinks from morning to night and hits the kids. What can any of us do when cps won't do anything?? Thank you .... I hope you can shed light on this situation.


Asked on 10/09/04, 6:56 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: What are a 12 years olds rights. Can they make a decision for where they wan

Try having someone the mother trusts, help her to decide to formally give guardianship of the child to you or another. Despite your distain for the woman, Offer her whatever assistance you think reasonable and helpful to the situation.

You and the grandfather can Petition the Court for Custody, due exigent circumstances, and the failure of CPS to act in the child's best intersts. The Court MAY hear you, and order a full "independent" investigation, and appoint a Law Guardian for the Child, to represent her interests. The child will then be able to "speak" to the Court through her Law Guardian, usually a lawyer.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/10/04, 1:56 pm


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