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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In New York, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody proceedings, particularly when the child is of sufficient age and maturity. Although there is no specific age set by statute, a child's preference is generally given more weight as the child gets older, often starting around the ages of 12 to 14. However, the child's preference is not determinative. The court's primary consideration is the best interests of the child, which encompasses various factors such as the child's safety, welfare, and emotional needs, as well as the parents' ability to provide for the child. The child's preference is one of many factors the court may consider under the New York Domestic Relations Law. Ultimately, the court has discretion in determining custody arrangements and will not follow the child's preference if it is not aligned with the child's best interests.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Child custody

child's choice on where to live

Articles