Whatt o do if I’m 14 years old and I want to live with my father?

My mother said no but my father said I could come. Now she is threatening to take him to court. There are so many reasons why I don’t want to live with my mom. When she takes him to court do I have a say in who I want to live with?

Asked on September 4, 2012 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your Mother refuses to voluntarily change the custody agreement then going to court is really the only way.  You Father can bring a proceeding to change the arrangement and yes, you are old enough to testify.  If you wish to do so out of ear shot of your parents then you can ask the Judge to allow that.  Generally they will.  Now, the reasons that you wish to live with your Father will be the key - to foster a relationship, etc.  The reasons you do NOT want to live with you Mother could be important but not if they are along the line of "she won't let me hang out with my friends" or  "I can't watch TV" or "She's too strict" or stuff like that.  Good luck.

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