Divorce is often a stressful and overwhelming process, and the issue becomes even more complex when children are involved. Our experienced Saratoga child support lawyers can ease your burden and help you negotiate a peaceful settlement. Here are some of the most commonly asked questions about child custody.
Questions About Child Custody | Can a Child Choose a Custody Arrangement?
One question parents frequently ask me is, “Can my child make the decision regarding the parent with whom he or she wants to live?” The short answer is, “No. Children cannot make custody determinations because they are children.” However, once they approach adolescence—for example, the age of 14 or higher—the judge is likely to at least weigh what the child wants as he or she is making that custody determination. The judge will always work toward a solution that is in the best interest of the child.
Sometimes a child wants to live with one parent over the other because that parent gives the child whatever he or she wants. If that is something that concerns the judge, the judge is unlikely to simply allow the child to live with that parent. Again, that decision is made with total regard for the best interest of the child, and the decision considers the age and maturity level of the child. The judge will think, “Is this child articulating well and acting intelligently in saying what he or she wants, or is there some other reason in play?”
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Questions About Child Custody | How Can I Enforce an Out-of-State Custody Order?
As a dedicated Saratoga Child Custody Attorney, I am often asked if an out-of-state custody order can be enforced. To enforce an out-of-state order in New York, first register the order in the family court in the appropriate county. Once the order is registered, file an enforcement petition and follow the regular process.
Questions About Child Custody | Can I Relocate to a Different State?
A parent will often ask if they are legally allowed to relocate to a different state if they have sole custody of their children. If a parent is looking to relocate, that person should petition the Family Court to seek permission to do so. Having sole custody of a child does not, in and of itself, give that parent permission to relocate. The court will consider a variety of factors, including whether it is in the child’s best interest.
If you have any questions about child custody, please contact our experienced Saratoga child support lawyers today to set up a free consultation.
