Legal Question in Family Law in New York

Age of the child, to decide who they want to live with

Please tell me how old you have to be to decide which parent you want to live with my son is almost 12. He would like to come and live with me. He is left home alone very regularly, at one point a serious accident occured last year. He is unabke to play sports, afert school activities, boyscouts, swimming, you name it. His father does not have time for that. I feel he is not ever going to learn hoe to play baseball or just be a kid.


Asked on 7/04/01, 12:44 pm

1 Answer from Attorneys
Garry Hanlon

Re: Age of the child, to decide who they want to live with

It is not until age 16 that the right to decide is

absolute

At age 14, the courts seriously consider the desires

of the child, but they can still be ignored

At age 12, with legitimate reasons, the law guardian

will listen to what the child has to say, but the

court will still decide the placement based upon

the best interest of the child. Your rendition of

facts is a beginning to making this showing

Read more
Answered on 7/09/01, 9:14 pm


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