North Bergen, NJ asked in Family Law and Child Custody for New York

Q: 16 year old wants to stay with father half time. Does child have a say? Mom has full/residential custody since 2008

Mother full custody since 2008, father appealed same year but never completed anger management. So appeal has not been honored.

How could custody be overturned with appeal still in process. Would son have to file? Could father refile?

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2 Lawyer Answers
John Anthony Pappalardo
John Anthony Pappalardo
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: All things being equal a 16 year old has significant say

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: When it comes to a 16 year old, the courts give a lot of weight to what they want. 16 YO is like the 800 pound gorilla in the room. The father could refile if he can make new allegations and a change of circumstances.

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