Legal Question in Family Law in New York
At what age can my son choose to live with me
My son is currently living with his father, he is very unhappy and would like to live with me instead. He is not getting along with my ex's girlfriend and is currently doing poorly in school. He has an attorney and has told him that he wants to live with me but his attorney seems to not want to be bothered with looking into things and will not inform the judge as to what my son wants. At what age is my son allowed to speak with the judge personally? At what age can he make the choice as to whom he wishes to live with?
1 Answer from Attorneys
Re: At what age can my son choose to live with me
I understand this problem very well - it is the problem of the unresponsive law guardian.
Please understand, he is not your son's lawyer, he is your son's 'law guardian'. That is very different.
You have several options from petitioning to have the law guardian replaced to making a motion for custody in yourself, based on 'new circumstances (your son's desire).
The motion is made on notice or by 'order to show cause'.
You are welcome to a consultation for no fee.
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