Legal Question in Family Law in New York
Post-divorce in New York state: when can child choose custodial parent?
In an uncontested and amicable divorce, my wife and I agreed to joint custody with the children (three, all pre-teen or teen) living at her residence for the majority of the time and at mine for set visitation periods. We're all still on quite friendly terms, and easily work with each other to be flexible with the visitation days as schedules dictate, but two of the three children have expressed to me in confidence they want to move to my residence as the primary one and spend visitation periods with their mother, instead. This would involve changing school districts as we live in different cities about 30 minutes apart. I'm okay with this, but expect their mother would undergo some bitter "rejection" feelings and the children agree. They are keeping this to themselves for now, but want to know when they will be considered old enough in New York to decide this for themselves. I'm not sure where such information can be found, so am asking here.
2 Answers from Attorneys
Re: Post-divorce in New York state: when can child choose custodial parent?
That is impossible to answer without the specific ages of your children. Even with that there is no hard and fast rule. Generally a child is a juvenile until age 16 in NY. It has been my experience that most judges will put more weight on the stated wants of the children as they approach that age. Judges tend to use their best discretion in making the determination in the best interest of the child. Child maturity and credibility are paramount.
Salvatore A. Lagonia
Yorktown New York
(914) 245-9300
Re: Post-divorce in New York state: when can child choose custodial parent?
The custody preferences of pre-teens or "tween" are entitled to consideration, but are not binding on the court.
You do not explain why the children prefer living with you. Their reasons may not be good ones.
Generally, where the parents have reached a custody decision that is in the best interests of their children, they should not allow the whims children to over-rule parental authority.
Very often children blame themselves for their parents' divorce, and they feel rejected by the parent who leaves. Therefore, they wish to curry favor.
Suggest you encourgage each child to enter counseling to find out what is really going on here.
Hope this helps.
www.BravermanLawFirm.com
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