Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.
Can a 14 year old choose which parent to live with in NY?
If you heard that once a child turns 12 or 13 in New York, he or she can choose which parent to live with, that's not exactly true. Sorry to be the bearer of bad news, but children do not have the power to choose their destiny in child custody disputes – only judges have that ability .
Can a 13 year old child decide which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
Can a 10 year old decide which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion , there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
Can a 12 year old choose which parent to live with?
A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child's best interests. The judge considers the desires of a child at least 11 but not yet 14.
Can a child refuse to see a parent?
Children over the age of 16 have the legal authority to refuse visitation with a noncustodial parent unless stated otherwise by a court order.
What age can child refuse to see parent?
What age can a child decide not to visit a non-custodial parent in California? A child must be over the age of 16 to refuse to visit a noncustodial parent.
Who has custody if there is no agreement?
In most cases, parents can make their own agreements for custody and visitation, without a court order. If you make an agreement between the 2 of you, the agreement becomes binding and enforceable. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order.
What age will a court listen to a child?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion . California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the ...
What happens if a child doesn't want to live with either parent?
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests. ... Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
Can a child choose to live with one parent?
It is a common misconception that a child that reaches a certain age can decide which parent to live with after a divorce or separation. ... The fact is until the child is 18 , the only individuals who can determine custody are the child's parents, and if the parents can't decide, a judge will.
What do I do if my child refuses to visit the father?
Specifically, you could ask your child's other parent to call the child on the phone or come over to your house and try to speak with the child who is refusing visits. This helps the other parent understand the situation and places some obligation on their part to facilitate visits.
What do I do if my child doesn't want to see a parent?
Specifically, you could ask your child's other parent to call the child on the phone or come over to your house and try to speak with the child who is refusing visits. This helps the other parent understand the situation and places some obligation on their part to facilitate visits.
How can a mother lose custody of her child?
Serious neglect is proper grounds for a mother to lose custody. There is no “perfect parent” standard in the California Family Code. ... A mother's serious neglect that endangers the health, safety, education, or general welfare of the child should cause the mother to lose custody of her child.
Do moms have more rights than dads?
Although many people assume that moms have more child custody rights than dads, the truth is, U.S. custody laws don't give mothers an edge in custody proceedings. ... However, the fact is that no custody laws in the U.S. give mothers a preference or additional rights to custody of their children .
Can a dad refuse to give child back?
If you are still legally married to the father, but he refuses to return your son to you, you should file an emergency motion with your local family court to determine visitation and custody. ... With a court order, both you and the child's father must comply with the judge's decision.
