Q: my sister is 17, her parents have joint custody. Her mom won’t let her move to ny with her dad. Can she just leave?
Her mom is verbally and mentally abusive. I am her 20 year old sister and I am willing to take her to NY. The parents have joint custody so can her mom stop her from going to him? I thought that after a certain age a child can choose where they want to live? Well, her mother doesn’t even give her the choice. I want to help her get out of the situation.
A: The age at which a child can determine where they live is when they become an adult under the law, namely his or her 18th birthday.
A:
The only person that can file a case in custody court is her mom or dad.
If she's not living with Mom or Dad, the person she's living with can file a guardianship case.
A child's wishes are a factor in a custody proceeding but it's not the end all be all. The older the child is, the more weight the court will give to their wishes.
Try and encourage your sister to reach out to school counselors. They can be a good resource.
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