Custody Modification Legal Steps

Summary

In New York, custody decisions are based on the best interests of the child. Factors include the childs preference, parents ability to provide a stable home, and any history of domestic violence. A child can express a preference around age 12 or 13, but the court makes the final decision. If a minor faces emotional abuse, its crucial to ensure safety. Reporting to Child Protective Services and petitioning for a custody change are recommended. Leaving without court permission can lead to legal complications. Always consult a local attorney for guidance.

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i dont feel comfortable saying
That's perfectly fine, you can remain anonymous. How can I assist you with your legal query today?
its regarding my friend and her parents
Of course! Please provide more details about the situation with your friend and her parents. Is it a matter of family law, such as custody or guardianship, or something else?
custody
I understand. In New York, custody decisions are made based on the "best interests of the child". Here are some factors considered:
- Child's preference (if old enough to decide)
- Parent's ability to provide stable home
- Mental and physical health of parents
- Any history of domestic violence
Can you share more specifics?
so shes currently living with her dad but its gotten bad to the point where shes being emotinal abused and getting in trouble when she hasnt done anything. she wanted to live with her mom but shes only *. so if she were to leave with her mom without her dad knowing, could she be forced to go back home, even though she almost *?
In New York, a person is considered an adult at age *. Until then, parents generally have custody. If there's an existing custody order, leaving without permission could have consequences. However, in circumstances of abuse, it's crucial to ensure safety. Here's what can be done:
- Report the abuse to Child Protective Services.
- The mother may petition for a change in custody due to abuse.
- If immediate safety is a concern, consider a Family Court "order of protection."
Please consult with a local attorney for precise guidance.
whats the age limit to decide where she can live
In New York, a child can express a preference on which parent they want to live with once they're deemed "sufficiently mature". The court will consider their preference, but it doesn't guarantee they'll get to choose. It's usually around age * or *. The final decision is always based on the child's best interest.
so would it be best to leave without doing court first or to do court first then leave?
In New York, it's generally advised to go through the court first to modify the custody agreement. Leaving without permission could potentially lead to legal complications. However, in cases of immediate danger, safety is paramount. Always consult a local attorney to understand the best course of action.