Legal Question in Family Law in New York

Re: Legal Age of Children

It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of your particular matter.

However, I will try to provide you with some information.

Your situation is a bit complicated and various issues are raised. Generally, children must be supported by their parents until they reach the age of 21. They may become �emancipated� before that under various circumstances. One likely situation is where they move away from their parent or parents and become self sufficient. In addition, where parents divorce the child�s preference as to which parent they wish to reside with may be considered by the court, but it is not controlling. Generally speaking, more weight will be given to the preference of older children.

In your situation you will not be entitled to legal custody of your husband�s children. While custody cannot be ordered by the court, it is possible that the oldest child could be permitted to reside with you if she/he chose to do so. An important factor here is whether your husband will accept his child�s decision. There will be an additional issue that must be resolved--who would be responsible for the child�s support?

In many family law situations, the best practice is to work things out. I would recommend that you consult with an attorney and explore whether this issue could be worked out with your husband in conjunction with the divorce.

Re: Legal Age of Children

The Court must decide issues of where a minor dependent should reside, upon a divorce, on a "case by case" basis.

But, a "near" adult youngster must be heard on the matter of where and with whom they will live, without risk of losing their parent's support. Provided their desire and petition is reasonable.

Also, Step parents who have a long standing relationship and supporting role in a spouse's children's majoration, are more frequently being charged with child support and other obligations, upon death and divorce.

Thus, the Court might consider your claim for "custody" of one the youngsters, although not a "right" but valid and warranted.

Suggest: The youngsters are old enough to discuss this matter with their father, to reach a workable settlement. And, they should do so, without your input, until they have all made themselves clear to each other.

Good luck,

Phroska L. McAlister,ESQ