Legal Question in Family Law in New York
Choice of child living with parent and siblings automatically going with them
Can my 13 year old make a decision to come live with me and if yes, does her 8 year old sister automatically come with her? They are both girls and I do not want to separate them.
1 Answer from Attorneys
Re: Choice of child living with parent and siblings automatically going with the
The custody preference of a 13 year old is entitled to consideration, but is not binding on the court. While the court would prefer not to separate siblings, even if her sister were a twin, the tag-along is not automatic.
The standard to be followed by the court is "what is in the best interests of the child." The totality of the sitution must be considered (not possible here).
If you wish to discuss this further, please give me a call.
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