Legal Question in Family Law in New York

My case is in Queens, NY. My daughter is 14 yrs old. Her mother has residential custody and we share legal custody of her. I also pay child support. Her mother brings me to court almost yearly for an upward modification of the child support and it gets granted every time without much change in either of our circumstances. Also, my daughter is unhappy living with her mother because she says she spends a lot of time alone because her mother is out with her boyfriend. My daughter has asked me to seek residential custody of her so that she can come live with me in VA. I have a stable job and home. What would a change to the custody order entail? Would the court consider my daughter's wishes since she is 14 yrs old?


Asked on 5/24/10, 2:08 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

The court primarily uses the best interests of the child test when determining custody. A 14 year old child will be examined to help in this determination.

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Answered on 5/25/10, 2:10 pm


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