Q: In New York , what age can a child, say that they would rather not go with the non custodial parent, for visitation.
A: David's Answer: While there is n exact, bright-line rules, there are very rough informal rules (which vary not only with the facts, but the Judge & location). That said, if a child is elementary school-age or less, his/her wishes probably won't count all that much. As the child progresses into middle school, the child's preferences will assuredly count, but be one factor amongst many. However, as the child progresses into high school (14+), his/her preferences will count a great deal, to the effect that unless there's a solid allegation of abuse or neglect (or some other serious factor), the Court will probably go along with the child's preference. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
No comments:
Post a Comment