Legal Question in Juvenile Dependency in New York
Childs wishes
Hi I'm a divorced father of 2 children. I have partial custody (primary parent when they are with me) My 9 year old daughter has been asking when she can see a judge because she thinks the custody should be 50/50 of time to be fair. When will her wishes be heard in court? Ohh and she she figured this out by herself.She counted the days I have and the days her mother has.
1 Answer from Attorneys
Re: Childs wishes
Clearly, you have a very bright child, and she knows what she wants. However, unless certain conditions exist, her wishes may be heard, but it is unlikely that the change will be made. If your ex-wife - who I assume has the children more than half the time - agrees, if the judge believes it is, for any reason, in the best interests of the children, if your daughter's reason is truly compelling MAYBE a change would be made. I will mention one thing. Generally, unless you and the children's mother live near each other and near their schools, and activities, a 50-50 custody arrangement is not favored - mostly because it is very hard on the children. I'd be happy to discuss this further with you. It should be okay for your daughter to listen and ask her own questions. I do not charge for a consultation. I look forward to hearing from you.