Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

Im in the beginning stages of a divorce. My kids are 15 and

I'm in the beginning stages...
I'm in the beginning stages of a divorce. My kids are 15 and 17. I have stated to both kids that I would respect there choice of which parent they wish to be with. My spouse however has insisted that they want both kids and they don't have a choice.

My 17 year old has told my spouse that they wish to live with me. The spouse has stated that the 17 has no choice and will go with them.

What rights does my 17 year old have with where they want to reside?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
4/15/2013
xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
Verified
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Where does your 15 year old want to live?

Thanks
Ask Your Own Family Law Question
Customer reply replied 4 years ago

my spouse

Hi,

Thanks for the information.

I want to look up a couple of things for you. I will be back with an answer for you asap.

Thanks for your patience.
Ask Your Own Family Law Question
Customer reply replied 4 years ago


Ok thanks

There are lots of considerations that the Court’s look at when determining a child custody decision. All of the considerations fall under the umbrella that is "what is in the best interest of the children" and what will promote the children’s happiness and welfare. However, the Court analyzes various sub-factors including but not limited to:
  • Which parent was traditionally the primary caregiver to the children
  • The availability of each parent to spend time and care for the children
  • The willingness of each parent to co-parent and share information with the other parent
  • The willingness of each parent to foster the children’s relationship withe the other parent
  • The ability of each parent to provide for the intellectual and emotional needs of the children
  • The nature and quality of each parent’s home environment
  • The children’s preference (usually only considered when a child is old enough to make a rational determination)
  • The quality of care each parent provides the children
  • The stability of the home life of each parent
  • Abuse, neglect, and domestic violence history for each parent
  • Alienation of the other parent and/or interference with the other parent’s visitation
  • Alcohol and drug abuse
  • Age and health of the parents
  • Mental and emotional stability of the parents
  • Ability of parent to NOT involve the children in the marital conflict and custody case
  • Courts favor children continuing to reside with their siblings

In New York, an 18 year old person no longer subject to an order of custody. S/he can choose where s/he wants to live. Moreover, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable. The preference of the child is considered, as it may indicate which parent has bonded more with the child.

 

So, if your 17 year old wants to live with you, it is likely that the court will give his/her preference a great deal of consideration. Moreover, if your 17 year old is going into his/her senior year of high school, it is unlikely that the court will want to make him/her change schools--especially if your spouse lives in a different school district than you do.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 

Ask Your Own Family Law Question
Customer reply replied 4 years ago

I see that in your response you have the following:


Courts favor children continuing to reside with their siblings


 


While the main reason for my 17yo wanting to be with me is our


relationship we have, but they also would rather not remain with my 15yo.... That has been strained for a long time between the two of them.


 


Would this be considered as well?

Hi,

The Court will certainly take the relationship between the siblings into consideration when determining custody.

If the relationship between the siblings is strained, that may give the Court even more reason to allow your 17 year old to live with you and your 15 year old to live with your spouse. If it becomes necessary, the judge may interview the children as to each of their preferences as to who they want to live with and why.

Moreover, the closer that your 17 year old is to 18 before the divorce is finalized, there will really be no reason for him/her not to continue to reside with you.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!


xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
Verified
xavierjd and 87 other Family Law Specialists are ready to help you
Ask your own question now

Hi,

Thank you so much for the "excellent service" rating and the GENEROUS bonus! Both are greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again, and good luck!

xavierjd

Ask Your Own Family Law Question
Ask xavierjd Your Own Question
xavierjd
xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: 20 yrs exp. in divorce, custody, visitation & support .

xavierjd is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a question about my case on Domestic Violence. I am
Hi Pearl, my name is***** have a question about my case on Domestic Violence. I am the plaintiff my wife is the defendant. what will I prepare during the Trial? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
My Daughter's fiancé was arrested for domestic violence that
My Daughter's fiancé was arrested for domestic violence that we are certain did not happen. She did not bring charges against him. She had no bruises. Along with a jail sentence (30 days), the judge i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My husband was charged with domestic violence and felonious
My husband was charged with domestic violence and felonious assault. I stood up for him for the judge to drop the protection order and he did..... … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I suffer from a disability due to domestic violence. I have
I suffer from a disability due to domestic violence. I have been separated from my husband for 6 years but did not file against him because he told me he would lose his job. 6 months prior to filing f… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
Back in '08 i was a victim of domestic violence. My wife was
Back in '08 i was a victim of domestic violence. My wife was arrested for it. She ended up doing prison time for two assults with a deadly weapon against a neighbor. Early '06 she got out and like an … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
In a child custody visitation schedule, can a judge from
In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
My daughter is going to court for domestic violence and her
My daughter is going to court for domestic violence and her ex is free to continue visitation. He claimed he can't support his daughter because he can't work due to his mental issues. He has an anger … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Can i file domestic violence charges against a person who
can i file domestic violence charges against a person who hit me and who i am not married to or do not live with? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
A judge issued a Domestic Violence restraining order
A judge issued a Domestic Violence restraining order prohibiting me from seeing my children. He did so for no reason whatsoever, did not allow a hearing, and such order was not requested by anyone. Th… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I filed a domestic violence restraining order that was
Hello. I filed a domestic violence restraining order that was temporarily approved. However when it came to court, the respondant brought an attorney where I did not bring mine even though I had one o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I was granted a domestic violence temporary restraining
I was granted a domestic violence temporary restraining order and The restraining order was from one assault alone. Also keep in mind another assault was not included in original request. I did not sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
I have been going through a domestic violence divorce for 4
I have been going through a domestic violence divorce for 4 years. I am bifurcated, however, the Maritial Seperation Agreement … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 satisfied customers
Individual took guilty plea for domestic violence. Court
Individual took guilty plea for domestic violence. Court order 2 year no contact and anger management. The person being protected constantly calling and texting. Blackmailing to go to parole officer a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
I'm a domestic violence/ assault victim/survivor proceeding
Hello, I'm a domestic violence/sexual assault victim/survivor proceeding to petition for a complete identity change. The complete identity change will include a new name and a replacement birth certif… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
FOR A LAWYER FOR DOMESTIC VIOLENCE. IN FARGO N.D. THE CASE
MY NAME IS IRENE ************* I AM LOOKING FOR A LAWYER FOR DOMESTIC VIOLENCE … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
I'm a domestic violence victim and have three minor
I'm a domestic violence victim and have three minor children. myself and the kids are protected by a TRO from my husband and their father. He has limited unsupervised visitation for four days a week f… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
I have a question about child custody and domestic violence
I have a question about child custody and domestic violence in the state of Montana … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x