Legal Question in Family Law in New York
Age a child can make a decsion on what parent to live with
My husband has custody of his 10 year old son. He has had custody since he was 6. My stepsons mother has told him that when he is 10 years old he can make a decsion on what parent he wants to live with. What is the age a child can be to make this descion? And is it final if they do, or will a judge look at circumstances before making a decsion? My stepson's mother has no home, she lives in a hotel, is in and out of work, has no license or car, could we fight her on this?
1 Answer from Attorneys
Re: Age a child can make a decsion on what parent to live with
There is no magic age at which a minor gets to decide which parent to live with; however, a child's wishes tend to have more influence as he or she gets older. Age aside, the child's preference is only one of many factors in determining custody, and a verbal agreement between an adult and a 10 year old is by no means legally binding. With a custody order already in place, your husband's ex is in for a tough time if she attempts to change it.
Feel free to email me if you live in the Long Island/Queens area and would like to make an appointment to discuss this some more.
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