Legal Question in Family Law in New York
Sibling chooses to live with me
My mother has custody of my 14 yr old sister. She is getting married and my sister does not feel comfortable with the man. He drinks all the time and my mother refuses to see the problem. they are very open about their sex life with my sister and that makes her uncomfortable as well. She wants to move to FL and live with my husband and I. Is there and age at which she can make that decision? she will be 15 in Dec. Thank you.
1 Answer from Attorneys
Re: Sibling chooses to live with me
Hello: Without having all the facts of your sister's situation, I can only provide an overview of what may be done. Firstly, was there a divorce in NY? Is the father around? Have you asked the mother to let the child come live with you?
You may want to try to look up some NY statutes on the internet. Under Fla. law, the proper party for custody of a minor would be the natural parent before a third party. If a parent's behavior is harmful to a child, the Dept. of Children & families can bring a dependency action, a hearing could be held. If the court found against the parent, the child may be placed with another family member.
In a regular divorce (or perhaps a paternity case) case, the minor child's preference in a custody case is a factor the court will consider if the child is old enough. A fourteen y.o. would be listened to by our courts. However, this may be controlled ny NY courts.
Good luck and let me know if we can be of assistance with a Fla. case. Tom Rosenblum
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