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There is no set age in New York where a child's preferences are considered. However, the court will consider which parent the child would like to name as their custodial parent. The older the child, the more seriously the court will take his/her wishes.
In New York, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.
The Factors Judges Consider In Child Custody Decisions The child's age and health. The age and health of the child's parents. Whether there are any special needs involved ? again, with either the child or their parents. The home environment of each parent.
A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter.
At What Age Can a Child Refuse Visitation in New York? Visitation and custody arrangements are designed with a child's interests in mind. Parents are obligated to follow a custody order's terms until a child reaches 18 or is emancipated.