Tuesday, July 2, 2013

What age can child determine who they want to see

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)

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