Q: when the child didn’t request that change in custody? Particularly when it’s proven that the primary residential parent has been physically, emotionally and/or verbally abusing the teenager? If you have any familiarity with abuse, this would not be confusing – in this case, the abusive father threatens many things if the daughter leaves, like she’ll no longer get his assets when he passes and will have to struggle her whole life, etc. (the same type of financial blackmail that makes grown women stay with abusive husbands even when videotapes show that he’s beating her up.) Or fear that a beloved pet will mysteriously be hit by a car or disappear like that of a sibling who left him. I’m providing these examples because some people like to oversimplify & say the child should just leave.
A: David's Answer: Are you saying the Judge switched custody after the child turned 14 - and against the child's stated preferences? If yes, there's plenty of caselaw supporting the "strong factor" a child preference would play at this age. That said, if the Judge already made a determination, your remedy may be an appeal - and even that assuming the decision/order was done 30 days ago (& thus you'd still be able to file a notice of appeal). Schedule a consult with a Westchester Family Law attorney for a full assessment. -- 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.
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