Legal Question in Family Law in New York

Re: children rights

Why are you asking such a question?

When DO children "have a say" in what they will and will not do? Well, you could be setting yourself up, for a child that distrusts his parents (both), which will create a monster. Parents need to respect their children, but the parent must be "in charge."

Supporting your child in avoiding the trip for whimsical reasons, could be interperted as interference in the father child relationship. Which could threaten your custody.

Why don't you want your child to go? Is he going sky diving or something inherently dangerous? If so, then you may have cause for your anxiety.

If he is going to be fed, cared for and protected? Feel anxious, but enjoy your vacation from mommy this and mommy that.

Note, You need to have a GOOD reason. Not feeling like it, not wanting him to, and so forth, is just not good enough.

Clearly, You must listen to your children to determine When & What they are afraid of. If it is something tangible or real; or if they feel threatened or unsafe, etc.. YOU SHOULD BE the first to know; and convey your concerns to the proper people.

However, When children say they "just don't want to" do something because they have never done it before... I would say, the parent has an obligation to insist that they explore new experiences and things. They may learn to like it...; if not, they learn what they don't like and learn something new about the world.

Good luck,

Phroska L. McAlister,ESQ

Re: children rights

The child does not have legal standing however if the parent has a valid concern the parent may speak for the child, in some cases the parent may have an obligation to speak for the child.

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