Legal Question in Family Law in New York

Taking Children Out of state

Hi, I have a son who is a ge 15 who wishes to go with me, his father, from new york state to florida to live, but the mother is upset and has filed a petition against the son resticting him from leaving the state. I myself also went to the court house to file custody of him. It is not a divorce, but we have lived together for 15 years, and this is our biologicl child. What I was wondering is, doesnt the child have any righs in the matter? How old does he have to be to leave new york to go to florida? I was told its 13 and he can choose where to live. I also have a 12 year old daughter who also had a petiton filed, and I didnt know if she had any rights either. Please email me, thanks.


Asked on 9/03/08, 5:44 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Taking Children Out of state

The Court will hear the child. However, that does not mean that the Court will automatically allow the child to leave New York to live with you in Florida. The Court will consider the reasons for the child's request and determine what is in the best interests of the child.

Mike.

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Answered on 9/03/08, 6:28 pm


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