Can a child choose not to live with a parent?
Can a child choose not to live with a parent?
Child’s Wishes for Custodial Parent is Currently Up to Judge’s Discretion. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters. Currently there is no specific age where the Court will consider the wishes of a child in deciding custody matters.
Can a 15 year old choose which parent to live with in NY?
Can a Child Choose Their Guardian in New York? While a child express a custody preference, a judge isn’t bound by a child’s wishes. A child’s parental preference will be taken into consideration at any age, but an older, more mature child’s preference is given more weight in custody decisions.
Can a child refuse visitation in NY?
Court-ordered visitation cannot be refused unless it is believed that it would put your child in danger. Half-siblings and grandparents can apply for visitation rights, although the court isn’t obligated to grant these.
Is New York a 50/50 custody State?
New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. In some cases, however, one parent may have the last word on legal custody issues. There is also physical custody that will need to be addressed.
How long is spousal support in NY?
For marriages lasting 15 to 20 years, maintenance is expected to last 30% to 40% of the length of the marriage. For marriages lasting more than 20 years, maintenance is expected to last 35% to 50% of the length of the marriage. If the recipient spouse remarries or either spouse dies, the payments will also end.
How is alimony calculated in NY?
subtract 25% of the payor’s income from 20% of the payee’s income. subtract 20% of the payee’s income from 30% of the payor’s income, or. multiple the total income of both spouses by 40% and subtract the support spouse’s income from that number.
Is there joint custody in New York State?
In New York, joint custody refers to both parents having legal custody of the child. There is both legal custody and physical custody. Even if a couple have equal physical custody of a child or close to it, a New York court will not refer to this as “joint custody.”
What happens if a parent does not exercise his visitation?
The judge may penalize the noncustodial parent for failing to exercise the parenting time in several ways. The parent may be ordered to pay the expenses of child care needed for the time he or she should have had the child.
Can a 16 year old decide which parent to live with in New York?
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.
How long are your parents financially responsible for you in New York?
21 years
Can a 10 year old decide which parent to live with?
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
