Legal Question in Family Law in New York
Living arrangements
I recently got a divorce, I have two children, My son is 13 years, my daughter is 12.My son has recently had problems in school, and has said to both my ex wife and myself that he would prefer to live with me.He asked me when he would have a choice.Iam not sure the answer to this.I know my ex wife would not agree, especially due to the fact that she would recieve half the child support from me if My son came to live with me.Can someone tell me if he does ever get a choice, without having to fight it out in the court room, and spend lots of money either of us have?
2 Answers from Attorneys
Re: Living arrangements
Your question is a good one. If your son wants to come to live with you, your wife has to agree. There is nothing statutory that says he can pick up and leave - he is a minor. You need to move for a change in residential custody. Your son's opinion will weigh heavily. My firm has represented many in this regard. Please contact me for an appointment. five one six, two four eight, four thousand.
Re: Living arrangements
Suggest you try to negotiate with your Ex about your son's need to be with his father; and about the child suppport. Please note, the support to your Ex's household would not necesssarily be reduced in half, if litigated.
In cases where siblings are "spilt" child support is not simply a Statutuory percentage. The reduction, if any, will depend as much on TOTAL HOUSEHOLD income, standard of living, of the respective parents, the children's individual needs and other factors, as much if not more than a "simple" statutory percentage calculation.
Think negotiation and compromise, possibly with a trained counselor.
Good luck,
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