Legal Question in Family Law in New York
age of consent of a minor
I would like to find out at what age a minor must be in order to chose which parent he wants to live with but I need these guidelines from 3 states, California, New York and West Virginia. Thank You
2 Answers from Attorneys
Re: age of consent of a minor
No such age exists in California. It is the parents' decision, not the childs'. I am pretty sure this may be the case in other states too. In California, depending on the maturity level of the child, a child's wishes may be considered, but are never the ruling factor. Adults make these decisions, not children.
Re: age of consent of a minor
In New York the Court looks toward the best interest of the child. Although a child may recommend, it is one of many factors that is reviewed by the Court. There is no "age factor", however, if the child is 17, more weight will be placed on the decision compared to a child that is 6.
Mike.
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