Legal Question in Family Law in New York

Re: child custody

At age 16, the court takes serious consideration to the wishes of the child. At age 16 the court can't order a child to live with a parent, but can make finances a consideration.

under age 16, the court looks at the maturity of the child when that child makes his/her choice.

at age 11 or 12, depending on the maturity of the child - daughters seem to be more mature at that age - the court is more likely inclined to make his/her wishes come true.

In New York, the court usually appoints a law guardian, who is an attorney who interviews the child and the parents, and the surrounding home, and makes a recommendation to the court. Some law guardians say they are bound to fight for the wishes of the chile. Other law guards say they do what they consider best for the interests of the child.

A law guardian is an independent investigator - most are very good at what they do because they enjoy the position.

In conclusion, a child right to choose depends upon the age of the child, the maturity of the child to make that decision, and the belief's of the law guardian assigned to represent the interests of the child.

If you need further assistance, please feel free to contact me.