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In new york state what age can a child decide which parent they want to live with.

Delhi, NY |

what age can my daughter decide which parent she wants to live with.

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Attorney answers 3


I am not aware any state that leaves it up to the child.each state may differ as to wether and what age a child can express their desires. Contact local counsel to consult

Contact local consel


At the age of 14 the children's reference is given more weight. This does not mean it is automatically do but rather that it will be weighed with best interestd

The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.


In New York, and in all states, an unemancipated child does not make such decisions unilaterally, nor would it be proper to put a child in a situation where they feel the full weight of the decision is on their shoulders. Generally speaking, when a court must make a custody decision the expressed wishes of children at any age will be considered with greater weight being given the wishes of older and more mature children.

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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