Legal Question in Family Law in New York

Children's rights

Can a 16 year old decide which parent he wants to live with after a divorce?


Asked on 7/30/04, 1:51 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Children's rights

A child 14 + has a right to be heard in a Court Proceeding that concerns them.

So, the 16 yr old may speak directly to the Court concerning issues concerning their needs and desires re "living arrangment, or residence, and their health, education and welfare, that is or will be included in the parent's divorce settlement.

The Court must consider the youngster's desires and best interests, in making or approving the divorce resolution and disposition.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/31/04, 7:36 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Children's rights

He cannot decide. He can have influence in making the decision.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/02/04, 10:02 am


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