Jamestown, NY asked in Family Law for New York

Q: Is it possible

Is it possible????

16 will be 17 in 2 weeks and wants to live with me.. The other parent has full custody. Went to court and the law gaurdain says he is one the childs side but states he doesnt want her to live with me. She states she wants a new law gaurdian because he isnt doing what she wants and he is basically against me no matter what. What can she do in this situation, when the attorney for the child is against the other parent????? Upstate ny

Can she ask for another attorney for the child? What should she say or do? Can she just walk out of her dads and live with me????

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1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Scarsdale, NY
  • Licensed in New York

A: Yes she can ask for another attorney and be appointed one. Even though she is still a minor, at 17 she is of suitable age and discretion to have a say in custody.

Also, what sort of proceeding are you in court for? The other parent would not have full custody unless granted by the court, unless you mean the other parent has full custody temporarily… Pending the outcome of the custody proceedings. Even if there was already a custody proceeding The other parent would not have full custody unless granted by a court, unless you mean the other parent has full custody temporarily… Pending the outcome of the custody proceedings. Even if there was already a custody proceedin, and other parent was given perminant full custody, you may re-file if there is a “change of circumstances“. In general, so long as there is no danger to the child, a 17-year-old‘s word as to which parent they want to reside with goes a long way.

Also, I should note that there is a difference between legal custody and physical custody… I am assuming you probably have 1/2 legal custody and the other parent has the other half legal custody and also full physical custody. If you have one half legal custody then it is likely the court will be liberal when looking at the “change of circumstance”.

If you have any questions I would be happy to answer them for you. I can be reached at 914–912–1555. Aubrey

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