In cases where my clients have children, they often have questions concerning babysitters and when they can leave their children alone without one.

In New York, there is no law that specifies how old a babysitter or caretaker should be, the following are my recommendations. If you are getting divorced and your children are younger than 12 years of age, then you should not leave them without adult supervision or with anyone younger than 16 years of age. This will avoid your spouse claiming that you are leaving the children with someone who is not responsible enough to take care of them.

If you have a child that is 13 years or older, then you may be able to leave that child without adult supervision. In those instances, the maturity of the child may be more important than the actual age of the child.

If you have a child that is 16 years or older, then, unless there is a disability or some other reason, then most likely that child can be left without adult supervision.

In a divorce, when considering whether or not to leave a child without a babysitter, it is important to know that your decision will be closely scrutinized. It is better to err on the side of safety and caution. Before using a babysitter, you should contact your attorney to determine what the correct course of action should be.

When facing a divorce, there are many issues to be confronted. David Badanes and the Badanes Law Office has helped numerous individuals with divorces and in resolving these issues. If you need an attorney to represent you in your divorce, call David Badanes and the Badanes Law Office today at 631-239-1702, email me at or visit our web site: The Badanes Law Office has offices in Northport and Garden City.