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How old do i have to be to choose the parent i want to live with, after a divorce and in New York State?

New York, NY |

I am asking how old you have to be in New York to choose the parent you want to live with.

Attorney Answers 1


Once a child reaches age 18, the Courts will typically decline to entertain any application regarding custody or visitation, as the child had reached the age of majority. So, under normal circumstances, any child 18 years or older will be able to make the decision as to where they reside. Prior to age 18, the Court will consider the wishes of the child, but the Court is not bound by the child's choice. The older and more mature the child is, the more weight the Court will give to the child's preference.

Mr. Rosen practices matrimonial and family law in Great, Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances.

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