Does New York allow a child to decide where they want to live when they get a certain age? If so, what age?

Asked over 1 year ago - Hamburg, NY

My daughter is seven and lives with her father. Her therapist here says that she needs to be with her mother, but the judge ruled against it. Can she decide where she wants to live when she gets older? If so, how old until she can?

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . NY law does not specify a specific age. The court will usually consider a child's level of maturity, which can vary on a case by case basis. Typically, courts will consider a child's wishes around the age of 12 or 13. Best of luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Douglas Shaun Kepanis

    Contributor Level 12

    2

    Lawyers agree

    Answered . The older a child gets, the more the Court will listen to them, through their law guardian. In my experience, it is around when they turn 12 or 13 that the Court actually takes a listen to their desires.
    Some states legislate an actual age but not in NY.

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  3. Maria C. Tebano

    Contributor Level 15

    1

    Lawyer agrees

    Answered . It really depends on the maturity of the child. The child's preference can be taken into consideration at any age, but that is merely one factor the court will consider. The standard that the court applies is what is in the child's best interest.

  4. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No set rule in NYS. Child will be appointed an attorney by the court to represent the child in a custody dispute, depending on the child's age.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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