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Age child can decide OR have more pull where they want to live..New York State

Bostenstep12's picture

Submitted by Bostenstep12 on Mon, 01/06/2020 - 9:25pm

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General Discussion

Yes I know its 18 BUT is there a age where the family court judge may place more weight on what the child wants? Say if parent A has 60 percent of the parenting time and parent B has 40 percent and the child wants to switch where parent A gets child 40 percent of the time and parent B gets child 60 percent of the time. Anyone?

STaround's picture

Submitted by STaround on Tue, 01/07/2020 - 4:43am

But if mom has the 60% and gets CS, I dont see a change, unless a very strong reason (like drugs, etc in the 60% house).  Just kid liking dads house better wont result in change.

tog redux's picture

Submitted by tog redux on Tue, 01/07/2020 - 7:28am

No specific age. Around 14 they might get a voice but as STaround said, just liking dad's more won't be enough. 
 

NYS Law Guardians, called the Attorney For The Child, are obligated to take the child's position in the case. Really depends on the judge and what you are trying to do. Just get 50/50, maybe. 
 

NY is very mother-biased as well. They wouldn't want Mom losing CS except for a very good reason. Try for 50/50 but expect CS to stay the same.