When two parents get divorced or separated, one of the most difficult decisions that must be made is determining where their child will live. For many parents, custody is a complicated subject, especially when the child is old enough to express their preference of who they want to live with. If you are dealing with custody negotiations you are likely wondering whether your child can choose which parent to live with. Many factors are considered when determining custody so it is crucial that you understand how courts approach the subject. For more information and to obtain skilled representation during your case, contact a Suffolk County child custody lawyer today.
Can My Child Choose Which Parent to Live With in NY?
New York state law does not give children the right to decide which parent they want to live with. However, a child’s preference is an important factor that courts will consider when making custody decisions, especially when the child is old enough and mature enough to make an informed decision.
While children are not granted the legal authority to make the final decision of which parent to live with, New York courts take their wishes into account when making custody decisions. There is no specific age that a child is considered old enough to contribute to the conversation, but if they are around 12 or older their preferences will carry more weight. The older the child is, the more significance their wishes will have.
How Do Courts Decide on Custody?
Ultimately, the most important consideration for New York courts is the best interest of the child. This standard of protecting the child’s well-being is essential to ensure they are raised in an environment that allows them to grow and develop surrounded by love, support, and stability. Courts consider the following when making custody determinations.
- The child’s physical and emotional needs
- The stability of each parent’s home environment
- Each parent’s ability to provide for the child
- The relationship between the child and each parent
- Each parent’s history of mental health conditions, abuse, abandonment, neglect, etc.
- The child’s preferences
The child’s opinion is only one part of the equation. While the court will not automatically grant the child’s request, if their wishes are rooted in logic and reason rather than an impulsive decision based on which parent has fewer rules, for example, a judge is more likely to take their preferences into account.
New York custody courts are designed to make impartial decisions that honor the best interests of the child above all else. If you and your spouse are separating and you have questions or concerns regarding custody of your child, reach out to a skilled attorney today to obtain legal representation and advice.
