NY child custody laws, does child have the right to choose custodial parent

Asked over 6 years ago - New York, NY

I am a non custodial parent in New York. my son is 8 and already wants to live with me. What are the laws that allow a child to change custody in New York

Attorney answers (1)

  1. Alexander Korotkin

    Contributor Level 9

    Answered . The standard for determining who has the primary physical residence is the best interests of the child. At the age of 8, your son's wishes alone would not determine where he lives. If you bring a petition seeking a change in primary physical residence, a law guardian is likely to be appointed to review the situation. Until the age of 13 or so, the children's input does not carry that much weight with the courts. If the law guardian is appointed, the court is highly likely to follow hi or her recommendation.

Related Topics

Mother's rights in child custody

Mother's rights covers the parental rights of the mother. These rights primarily relate to child custody, visitation, and child support.

Wendy J. Norman

Mothers’ Rights

A mother has certain legal rights pertaining to her children. When a mother needs legal assistance with child custody, support, visitation or paternity, a family law attorney can advise her... more

Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

16,064 answers this week

2,246 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,064 answers this week

2,246 attorneys answering