Would custody go to the father if the forensic says children should be with mom but one child says he wants to live with dad?

Q:  I'm in the middle of a custody struggle. A forensic report was done which indicates that the fathers household was a "highly negative" environment not good for the children. It indicates the fathers lack of consideration for the children. Yet one of my sons says he wants to live with his dad. This son is a special needs child classified as "Intellectually Disabled". I am being told that regardless of the forensic, in a trial, the judge would award the father custody of that child simply because this is what the child says he wants. I need to understand if this is the precedent. What good is a forensic if this is the case? I don't believe my son really knows what he is asking for because he says "he doesn't know" why he wants to live there.


A:  David's Answer:  I'm in the middle of a custody struggle. A forensic report was done which indicates that the fathers household was a "highly negative" environment not good for the children. It indicates the fathers lack of consideration for the children. Yet one of my sons says he wants to live with his dad. This son is a special needs child classified as "Intellectually Disabled". I am being told that regardless of the forensic, in a trial, the judge would award the father custody of that child simply because this is what the child says he wants. I need to understand if this is the precedent. What good is a forensic if this is the case? I don't believe my son really knows what he is asking for because he says "he doesn't know" why he wants to live there.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)