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With Joint Custody in New York State, can a 17 year old decide which parent he wants to live with? He is being mentally abused in his mothers home. This is his legal address. His father wants hime to live with him. Would he be considered a runaway if he just left his mothers home and went to live with his dad
Optional Information: State/Country relating to question: New York Already Tried: Both parents have joint custody.
Hello,Thank you for allowing us to assist you with this problem.In New York a child can not decide where he wishes to live until he turns 18 years old. If the mother is the primary Custodial Parent, then the child would be considered run away and the mother can force his return. However, the father can go to Family Court to request and file a modification of custody petition. The child would be able to speak to the judge in private as to where he wishes to live. The final decision is up to the judge but the child's desire will be taken into consideration by the judge.
Experience: Practicing Attorney for over 15 years