How old does a child have to be to decide which parent they want to live with?
How old does a child have to be to decide which parent they want to live with?
There is a common misconception that in Family Law parenting disputes about with whom a child will live, a child will have the deciding vote when they reach the age of 12.
Can a 15 year old choose which parent to live with in NY?
You may have heard that once a child turns 13, he or she can choose which parent to live with. While an older child’s preference will certainly be given weight, it is not up to the child’s discretion.
Can I lose custody of my child for marrying a felon?
Misdemeanor crimes, can become felony charges when the crime is repeated often enough, and they are caught repeatedly. Any parent can lose custody of a child if they are reported to CPS and an investigation is made. A person that has felony convictions, has served some time in jail or prison.
Can a convicted felon get full custody of a child?
You can get child custody if you have a felony record, though it will be difficult. Ultimately, a judge makes custody determinations on the basis of what is in the child’s best interests, and your criminal record will definitely be something the judge considers.
Do incarcerated fathers have rights?
While they may lose various civil rights during their time in prison, their access to the family court system is retained. Imprisoned parents can still ask the courts for a specific and realistic plan for contact with their kids, whether that be in person visits or phone calls or letters.
What happens to custody when one parent goes to jail?
Shared Responsibility. The incarcerated parent cannot have custody of a child when behind bars. However, even with this situation, the parents can share responsibility if the court does not terminate the rights of the incarcerated mother or father.
Can a father stop the mother from moving?
Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child’s best interests.
Can I lose custody of my child if I go to jail?
You can’t lose custody of your children just for being in jail or prison, but if you don’t visit or communicate with your kids for six consecutive months, your parental rights can be permanently terminated on grounds of abandonment.
Can I refuse to let my ex see my child?
Court proceedings cannot practically force compliance. Compliance can only truly come from both parties wanting to comply and do the right thing for the sake of their children. If someone is not complying, your first step needs to be to try to have a conversation with the aim of resolving your dispute.
Can my ex dictate who is around my child?
Unless your fianc has a history of substance abuse or child abuse, he has no right to dictate who you can have around the children. It he interferes, file an order to show cause or, if appropriate, a contempt proceeding. When its your time, its your time.
Can I stop my ex’s new girlfriend from seeing my child?
As long as there is no inappropriate behavior with the children (i.e., abuse or risky behaviors such as excessive drinking or drug use), the ability of the other parent to somehow block or place a restraint on children’s interactions with the new paramour is limited.
