Legal Question in Family Law in New York

Re: Emancipation of handicapped child

The issue here is not whether the child is handicapped, but whether he is competent. You certainly understand that a handicap is not necessarily an indication of competency. Accordingly, depending on the functional ability of your child, he may or may not be able to choose where he lives. I do not see this any differently than any other custody situation. Once a child gets into his/her teenage years, a Court will begin to take into consideration his/her desires about residency. The weight given to those desires depends on maturity of the child (in the perception of the Judge). If the Judge feels that your child can exercise his judgment, his desires will be heeded. In any case, a change will only be made in the best interest of the child. This information is based purely on the brief overview that you have given to me. I cannot give a good opinion without more detailed information. And, in any case, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner