Legal Question in Family Law in New York
16 yr old cutody
Hi there, ok my 16 yr old step daughter came to our door 2 wks ago after her mother told her to leave re visiting her father. She came to us with no clothes and very upset. We have heard through her grandmother that her mother has taken her off health ins that she has carried. Can we file a new petition ourselves or do we need a lawyer? Does the judge listen to her now being 16 for she wishes to live with us now. Can ger mother just stop health ins? And if mom works part time can we go after her for support? I thank you for your time..
1 Answer from Attorneys
Re: 16 yr old cutody
Wow, lets take them one at a time.
Q: "Can we file a new petition ourselves or do we need a lawyer?"
A: yes you can file the petition yourself by going to the family court clerks office. You have a better chance of winning with a lawyer however so I would try to hire one.
Q: "Does the judge listen to her now being 16 for she wishes to live with us now?"
A: Her wishes will carry a lot of weight with the judge but by no means will they be dispositive, the standard will still be the court trying to determine what is in the best interest of the minor child.
Q: "Can ger mother just stop health ins?"
A: I guess that depends on the divorce decree and all the prior rulings of the Supreme and Family court. It isn't going to win her any points with the family court Judge however.
Q:"if mom works part time can we go after her for support?"
A: yes especially after custody changes. It will be based on her salary which sounds like it isn't much but probably will come in handy as pocket money for the child.
Good luck I hope it works out for you all.
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