If I’m 17 years old and living at my moms house, do I have the right to live at my father’s house?

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If I’m 17 years old and living at my moms house, do I have the right to live at my father’s house?

Both of my parents have custody; my mom just won’t allow me to.

Asked on November 20, 2011 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

Your Mother must have physical custody of you even though your parents have jint custody under the law.  They really do ean different things.  It is tough being caught in the middle between parents.  But in order for you to be able to leave and go and stay with your Father he has to do something in court to allow for that.  He will have to request that the court modify the postion of the agreeentndealing with physical custody and ask to alow you to go and live with him.  You will be permitted to testify and give your reasons.  Be aware that the court does not recognize things like "my mom has too many rules" or "she is too strict" or "she nags me to clean my room."  Insetad they recognize things like "I want to establish a better relationship with y Father."  Good luck. 


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