Quick Answer: At What Age Can A Child Decide Which Parent To Live With In NY?

What is the average child support payment in NY?

Use the correct percentage of total income CSSA says should be devoted to child support: 17% for one child.

25% for two children.

29% for three children..

Does a 15 year old have a say in custody?

No, children don’t get to unilaterally decide custody matters for themselves. … Judges know that parents can’t /really/ “control” a child at that age. Children involved in a custody case can request that an attorney be appointed to represent them.

Can a 13 year old refuse visitation?

1. You could be held in contempt if you don’t drag the child kicking and screaming to the other parent. 2. You can not be held in contempt of court if you made the…

Can an 11 year old choose which parent to live with?

The fact is until the child is 18, the only individuals who can determine custody are the child’s parents, and if the parents can’t decide, a judge will.

Is New York a mother State?

Neither parent has a preferred right to custody of their children in New York. … If there is no custody order, either parent can keep the child with him or her. If the case goes to court, the custody decision must be made in the “best interests of the child.”

When can a child refuse to see a parent?

The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.

Can a father get full custody in NY?

Fathers win sole custody of their children from the same reasons mothers do. Some of the common reasons include: Child abuse, neglect. Abandonment.

How can a father win custody in NY?

Generally, a family court may award custody to a father under the following circumstances:The mother is physically abusive,The mother is mentally ill,The mother is neglecting the children’s basic needs,The mother is addicted to drugs or alcohol,The mother is incarcerated,More items…•

At what age will a judge listen to a child?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

At what age can a child refuse visitation in NY?

The child can state his/her preference through the Attorney for the Child. Older children have greater weight given to their preference, but until the child is 18, the court makes the final decision regarding where the child lives.

Is NY A 50/50 custody State?

New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. … Shared physical custody, also referred to as joint custody, is, generally speaking, preferred so that the child gets time with both parents.

What is an unfit parent in NY?

What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Can a 17 year old be forced to visit a parent?

Brette’s Answer: No court is going to force a 17 year old to go on visitation if he doesn’t want to. A child so close to majority usually has his preference followed. You’re doing the right thing in encouraging him to go, but it’s up to him.

Does a 13 year old have a say in custody?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …

Can a child refuse to visit a parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. … This is a common situation even in cases where the child, not the custodial parent, is refusing the visits.

What are fathers rights in New York?

Dads in New York have the right to see their children. There is no denying the important role parents play in their child’s life – until children reach the age where they can provide for themselves, it is a parent’s job to provide for, care, and support them.

Do you have to pay child support if you have joint custody in NY?

New York State courts still require one parent to pay child support. … When the parties share joint physical custody, it can be factor that the court considers when awarding child support payments, but it is certainly not a complete bar to payment of child support.

Can a 16 year old be forced to visit a parent?

If you force your 16-year-old to visit, I can assure you that the visitation will not go well. Your child will be angry and upset with you and the child’s negative feelings about visitation will increase. I recommend a non-legal approach such as modifying the visitation schedule to accommodate the child’s activities.