Legal Question in Family Law in New York
teen wanting to leave home
I am a 16 year old girl and I had to leave my original home with my aunt and uncle. I then moved in with my grandparents, which they got full custody after a court ''battle''. I have been living here with them for the past year and a half and I feel I am not happy here anymore and I want to leave and go back hoem to my aunts house. My question is can I move back into my aunts home, where I lived before and my grandparents can't tell me yes or no? Can I just tell them I want to go home, they know I do and I wanted to know if they have any control by saying yes or no. I mean I am 16 and it's my choice, right? Please respond soon and thank you very much!
1 Answer from Attorneys
Re: teen wanting to leave home
If you leave your grandparents without their permission they can force you to return; or do worse.
So, although you may not regard your grandparents highly; and unless you are rebelling against actual physical or emotional abuse, if you can, discuss your proposed change of residence with your grandparents and attempt to obtain their cooperation. The Court generally considers and places more weight on a legal adult's claims. So, your tone concerning your grandparents should be respectful.
If the NY Supreme Court issued the Custody
Order, obtain a Certified Copy of that Order and take it to the Family Court. (Usually the Family Court has concurrent jurisdication over custody matters with the Supreme Court). If the NY Family Court issued the Custody Order, then you can go to the Petition office directly, in that Court and they will assist you in preparing your Petition to modify the Custody Order.
Be prepared to explain Why you want the change; How it would be beneficial to you to change ( to wit: improved school attendance, grades, extra curricular activities, educational and cultural opportunities, etc..) ;
Please note, it is important that your explanations for the requested custody change are firm, reasonable and clear. DO NOT LIE OR EXAGERATE! Since you are over age 14 your opinions and belief concerning your "best interest must be considered by the Court.
Good luck!