Legal Question in Family Law in New York

Change of custody

I was wondering at what age may a child decide that he want to live with the other parent. My son is 14 and has said that he want to live with me instead of his mother. I want and got papers to change custody. He has expressed that the school district i live in has more opportunity then where he goes now. will a judge listen to that. He is capable of understanding what he is asking for. He has good grades. If his mother tells him to leave can we get him while we wait for a court decision. Is there any other recourse I have right now considering I have to registar him with the school where I live. Can he just leave at this point in time we both have joint custody of our 2 children.


Asked on 7/05/05, 12:21 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Change of custody

If your Court Ordered custody agreement lists the mother's home, as your child's primary residence, you MUST, obtain a Court Ordered Modification of the Agreement, Stipulation or Judgment, before removing your child to your home.

The Court will consider the best interests of the child; and is usually compelled to consider a 14 year old child's wishes, in these matters, if presented, directly or by the child's appointed "law guardian".

Good luck,

Phroska L. McAlister,ESQ

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Answered on 7/07/05, 11:34 am


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