Legal Question in Family Law in New York
Changing Custody
My son currently lives with his mother. He is a very well-adjusted young man and does well in school and sports.
My question is that my son turned 16 in November and now wants to live with me. Is there a hard and fast law that at age 16 a child can choose where he lives.
My ex is opposed to the move and is willing to go to trial.
2 Answers from Attorneys
Re: Changing Custody
A child has the right to decide which parent they live with at age 18. The closer a child is to being 18, the more weight the court will give to the child's wishes.
No one factor is dispositive in a custody case, althought the wishes of a 16 year old will carry a lot of weight. There is a fairly comprehensive list of these factors on my website.
Re: Changing Custody
There is no hard and fast rule. If the child choses one parent over another, then the court will decide what is in the best interest of the child.
If you want this switch to happen, find out what your ex-wife's concerns are and see if you can address them rationally. If you can then you may have a chance.
Also why does the child want to move? If it is because he thinks you will let him get away with more then his mom might that could be a problem.
Finally if the court smells a money dispute or a parent spoiling the well,(talking down the other parent) then that could cause a problem.
If you come across as rational sane and involved in your kids life, and he wants to go to you, you have a better than average shot.
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