Putting your personal preferences aside, you may want the New York State family court to hear your child’s point of view when it comes to which parent they primarily or solely live with. After all, their living situation and overall life will be influenced the most by this decision. With that being said, please continue reading to learn whether your child’s preference for a custody arrangement will have an impact on the court’s final judgment and how an experienced New York City child custody attorney at Zimmet Law Group, P.C. can help your child achieve an outcome that is truly in their best interest.
Does my child’s preference for child custody matter to the court?
While your child does not hold the final authority to decide on their custody arrangement, they may have an opportunity to express their preference to the New York State family court. It is then up to the court to decide whether to take or leave their selection when making their final ruling. For this, they may deem whether your child is mature enough for their reasoning or opinion to carry any weight. Their maturity may be a subjective take by the court, as there is no set age as to when the court should or has to consider your child’s choice.
Overall, the court will base its decision on what is in your child’s best interest. And sometimes, their best interest is different than what they perceive to be the best arrangement for them. Unless one parent is found unfit, the court usually finds that your child maintaining a relationship with both parents via a joint custody arrangement is the best plan.
What are the parameters if my child is older than 18?
In New York State, your child is considered a legal adult at the age of 18, who is free to make independent decisions. With that being said, if you and your spouse are going through divorce proceedings after your child’s 18th birthday, they may not be subject to any court-ordered custody arrangements. Rather, they may decide on their own whether to live with you, live with your spouse, split their time evenly between you two, or even live alone.
It is worth mentioning, though, that even though child custody no longer applies, the court may still hold you and your spouse to certain child support obligations until your child’s 21st birthday, or later. Alternatively, your child may go through the legal process of emancipating themselves before the age of 18, in which they may not be held to a custody arrangement. If they do so, though, this also means you and your spouse no longer have a responsibility toward supporting them financially, at least in the eyes of the court.
And so, no matter what, you do not need to feel alone in this process. One of the talented Somerset County family lawyers is ready to be in your corner and support you throughout. So please reach out to the Law Offices of Kisha M. Hebbon, LLC whenever you are ready.
