Q: I had sole custody from NYC. I'm now in Pennsylvania. My ex-husband served me with custody papers. Will he be successful
My daughter is 14 and my son is 9. I've consistently taken care of them their whole lives. The father is inconsistent at best. He isn't genuinely concerned about the kids and is doing this to avoid child support.
During the conference, I got the sense the attorney gathering the information sided with him and will not write a favorable report about me to the judge. I'm so frustrated because this is years of harassment through the courts. His interest isn't the well-being of the children. He won't even get my son's hair cut. He's doing this to avoid paying child support. My 14 year old wants nothing to do with him, but the attorney said I'd be held in contempt if she refuses visits. I thought children had the right to opt out of visits at a certain age. At least, this is the case in NY and Philadelphia.
A: What state is the case being heard in? Most states, NY included I believe, have statutes governing the relocation of children. As I don't know what state you're litigating this in I can only speak for PA when I say that the age at which children get to decide whether or not to see a parent is 18. Under that age, their wishes may be considered by the court but are only one of 16 factors to be considered in a custody determination. I assume youhahve an attorney. That's who you should be asking these questions of.
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