Legal Question in Family Law in New York
What is the Law?
My 17 year old daughter was thrown out of her home by her mother. Who has legal residence with. My daughter does not want to go back and I am more than willing to take her in fulltime. Now her mother says she will not consent to it and wants my daughter to go back home. This is not the first time she has thrown her out. They constantly fight and since I do not get along with my ex I try not to get involved. But now since my daughter wants to move in with me the question is.. Do I have a legal stand in court or will I waste another 10K like prior times just for the Judge to say she must go back to her mothers. Also, She is 17 and will be 18 in 4 months.. she wants to move in with her boyfriend 19 but I don't know if she can at her age even if I give her permission? By the time the courts get settled she will be 18 and can do whatever she wants I know this but she refuses to go back home to her mother!!!
2 Answers from Attorneys
Re: What is the Law?
The courts will indeed take the 17 year old's desire into serious consideration. You need to get custody to stop paying child support. If that is not the issue then another alternative in accomplishing this in your case is to merely allow the child to move to your house. Then when and if mother brings an action you can assert that the child does not live with mother and does not want to. By the time it is sorted out child will be 18. But filing now is best so that you can demand child support till child is 21 or emancipated. Living with boyfriend would be tantamount to emancipation at 18 but if she lives with you, mother is liable to you.
Re: What is the Law?
At 17 years of age, the court will take her desires in consideration on custody. Since she is only several months from her 18th birthday, the court will have to take this into serious consideration. You should have an attorney to assist you and bring a petition in family court as soon as possible. As for living with her boy friend, that is up to her but I would not have her do it until her 18th birthday.
If I can be of assitance or if you wish a free consultation you can contact me at 516.746.4747 or [email protected].
Joel R. Salinger, Esq.
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