Legal Question in Family Law in New York

Custody of 17 year old

My ex and I separated in 1998 and the divorce was final in early 2000. My ex and I share joint custody of our twins (boy & girl), and my ex has residence. My daughter (who is now 17) has not been to her mother's house since school went in session in September, and spent only 2 of 10 summer weeks at her mom's. It is partially teenage girl angst, but mostly an inability by her mom to communicate. My daughter tried to meet with her constantly, sent e-mails (which my ex told her she would not read), etc. We live one town over, and as of 1/2, my daughter is attending school in my district (per her request and because she is illegal in her old district since she lives at my home). We attempted mediation to change custody, but my ex will not sign anything. I filed in Family Court on Dec 28, and have a court date of 2/2. What should I be prepared for? Will the court really make a 17 year old move back? My ex is demanding that she return to her district, but my daughter loves where she is. She is a straight-A, National Honor Society, All-County Soccer player who works part-time.


Asked on 1/10/07, 8:44 am

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Custody of 17 year old

As you're aware, custody is determined in the child's best interest, according to the Court's judgment. It is unlikely that a Court would rule against the wishes of a socially mature, intelligent 17 year old who is performing well academically and who voluntarily articulates a situation such as you have described. If it is not already in the petition, you should amend it to modify any child support order based upon your daughter's residence with your ex. Feel free to call my office to discuss more particulars about your upcoming court appearance.

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Answered on 1/10/07, 10:09 am


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