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  1. #1
    Join Date
    Sep 2007
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    4

    Default Can a 16-Year-Old Decide Where to Live, in New York

    Can she decide which parent to live with?

    Also, we have joint custody with primary residence being here (with dad). My daughter wants to live with her Mother and go to another school district. She has been hinting this all summer long and now I know that her Mom wants the same. In fact she is taking me to court for Primary Residence on Sept 25th. She took her for her normal weekend visitation and told me she will not be returning her and will send her to a different school because that is what the 16 year old wants. What do I do?

  2. #2
    Join Date
    Jul 2007
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    17

    Default Re: Can a 16 year old decide where to live in NY?

    In New York, joint or sole custody is determined according to the best interests of the child. Neither parent is entitled to a preference.

    Because your daughter wants to live with her mother and vice versa, I think you have a weak case here.

  3. #3
    Join Date
    Sep 2007
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    4

    Default Re: Can a 16 year old decide where to live in NY?

    Quote Quoting Roll Eyes
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    In New York, joint or sole custody is determined according to the best interests of the child. Neither parent is entitled to a preference.

    Because your daughter wants to live with her mother and vice versa, I think you have a weak case here.
    If it is based on best interest of the child does the court consider stability of the home? Child has lived in the same school district since 2000. Her Mom has moved almost every year and my daughters half siblings have had to change schools many times.

    Now if she keeps her and doesn't return her what do I do? Call the Sheriff?

  4. #4
    Join Date
    Sep 2007
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    4

    Default Re: Can a 16-Year-Old Decide Where to Live, in New York

    Well she didn't return my daughter...now what?

  5. #5
    Join Date
    Aug 2007
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    10

    Default Re: Can a 16-Year-Old Decide Where to Live, in New York

    I dont know NY law as I live in CA but yes, call the sherrif and dont wait for replies on here.

    The way I would personally play it is call the sherrif and ask to be escorted to pickup to avoid a domestic dispute and you go to pick up the child. You will need to have your court order handy.

    Good luck.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: Can a 16-Year-Old Decide Where to Live, in New York

    Is there presently a custody and visitation order in effect?

  7. #7
    Join Date
    Sep 2007
    Posts
    4

    Default Re: Can a 16-Year-Old Decide Where to Live, in New York

    Quote Quoting aaron
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    Is there presently a custody and visitation order in effect?

    Yes it is joint custody with primary residence here. She has visitation every other weekend.

    We called the Sheriff last night but he said we had to call Family Court first.

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