Legal Question in Family Law in New York

Emancipation age

I have a joint physical custody arrangement with my ex-husband. My daughter is now 2 months from being 16 years old and miserable when she's at his house. At what age is she able to say that she wants to live full time with me? Also in our divorce agreement, we both agreed to not file for child support. If my daughter moves in with me full time, am I able to then file for child support? Where do her and I go from here?


Asked on 10/17/07, 6:30 pm

1 Answer from Attorneys
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Emancipation age

The child does not make the call as to where she will reside.The judge will consider the position of 16 year old in a custody matter but the child's view is not controlling.The child support arrangement in a divorce decree is not written in stone . If circumstances change you can ask for modification in court

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Answered on 10/17/07, 8:07 pm


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