Legal Question in Family Law in New York

Change of Custody

I am a divorced father of 2 daughters 16 and 13 years of age. Myself and exwife have joint custody however, she has physical custody with permanent residency. Our 13 year old daughter has told her mother that she would like to live with me. My exwife is being somewhat resistant. What legal rights, if any, does a 13 year old have in requesting this change of residency?


Asked on 3/31/02, 7:06 am

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Change of Custody

Issues about child custody may always be revisited. As a child gets older, his/her voiced preferences are given more weight.

Daniel Clement

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Answered on 4/01/02, 9:43 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Change of Custody

The custody preferences of a 13 year old are entitled to consideration by the court, but will not be binding on the court.

Once this matter reaches a Judge, the court will appoint a Law Guardian to represent the child. If necessary, the court will also order forensics. If the case does not settle, there would be a hearing. The standard would be what is the in the best interests of the child.

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Answered on 3/31/02, 8:54 am


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