Legal Question in Family Law in New York

Re: A childs rights

A child of 9 years has some say in her desires about who she wants to live with. HOwever, it is not the deciding factor it is just one of many factors considered. Each judge/referee has a different opinion about what age is adequate but in any case the standard is "the best interest of the child" not what the child wants.

Re: A childs rights

A minor can never, on their own, choose with whom they would rather live. They can make their preference known to the court through their law guardian. It will ultimately be up to the judge to decide what is in their best interest.

Usually after 13 children's opinions start to matter more and often the court will accede to the request if the parent with whom the child chooses to live is a competent person.

Drug addiction, alcohol abuse, domestic violence, economic viability, alienation and outside influence (like money) is frowned upon by the court and likely to turn that type of a request into an action to terminate visits rather than change residence.

Good Luck.