Tag: children

How Old Must A Child Be To Have A Say In Where They Live Or Visit?

by David Badanes | July 5, 2018

In New York State, a child’s preference on where they want to live MAY be one of factors that a Court can consider when awarding custody. Once a child turns 18 years of age, they have the absolute right to decide where they want to live, and the Court cannot overturn that decision. However, what about before a child turns 18 years of age, how old must a child be for the Court to consider their preference?

The general rule is that the older a child is, the more influence a child’s preference will have on where they live. Certainly, most Courts will state that once a child turns 16 years of age, their preference will be strongly considered. However, this is not an absolute rule, and a Court can decide that even a 16 or 17 year old’s preference is not to be followed or considered.

A child between the age of 13 and 16, will also have their preference seriously considered. Yet, there are many Courts that will discount a child between these ages. In general, a child who is younger than 13 years of age, will have less of a say on where they live.

It is important to note, that each situation is unique and that there is no rule that says that a child younger than 13 doesn’t get to decide where they live.

What happens if the court grants one parent custody and years later the child wants to live with the other parent? What was once in the best interest of an 8-year old child may not be what is best for the child when they are 16. In those situation, a parent can petition the Court to modify the custody arrangement and based on the now 16 year’s old preference, may take that into serious consideration. The court makes these decisions on a case by case basis, and ultimately, the verdict will be the living arrangement that is in the best interest of the child.

Child custody and visitation can be a very difficult road to navigate. David Badanes and the Badanes Law Office, P.C., have represented countless clients and helped them navigate child custody issue in their divorce or in their family court action.. If you are seeking a divorce or custody, contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

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What If We Can’t Agree On Who Gets To Keep Living In The Marital Home?

by David Badanes | April 9, 2018

If you and your spouse are getting divorced, and you both live in the marital home, one of the issues that will need to be resolved is: Who gets to keep living in the marital home?

There are many factors that a court would consider in who gets to keep living in the marital home. However, the court always has the option to force you to sell the home. In fact, in most instances, the court will force you to sell the home immediately, or in some cases in a few months or even a few years.

If the court does decide that someone can keep living in the marital home, then the following are some of the factors it will consider:

Children: If your children have been living at that marital home for several years, then the court may not want to disrupt their lives or where they live. This is especially true, if the children are close to graduating high school. Therefore, the parent who is granted custody of the children, would be allowed to continue living with the children at the marital home. However, if a court allows you to remain living in the marital home, it would almost only be until the youngest child graduates from high school.

Finances: The court must consider what is each person’s financial situation. They will only allow someone to live in the marital home if they have the financial income or resources to pay for the mortgage and other expenses related to living in the home.

Ownership of the home, prior to the marriage: In some situations, the court may consider that the person who owned the marital home, prior to the marriage, may be allowed to remain living there. This is often invoked when the home has been in the family over several generations.

Again, it is important to note, that, in most situations, the court will order the sale of the marital home. However, in those situations where the court will allow one person to remain living at the marital home, the factors listed above, can be used to your advantage.

If you want to remain living in your marital home it is important to consult with an experienced matrimonial attorney. David Badanes and the Badanes Law Office, P.C., have the experience to help you in your divorce. If you are seeking a divorce, contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

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Can I Change My Child Custody Agreement Even If I Have Been Divorced a Long Time?

by David Badanes | April 2, 2018

In many divorces, the children are fairly young, and your divorce agreement regarding child custody may be very outdated. However, provided your children are under the age of 18 years of age, it is never too late to change your child custody arrangements.

In order to change any child custody agreement, regardless if it was signed two days ago or fifteen years ago, you typically have to show a significant change of circumstances. This means, that since the date that the agreement was entered into, that there have been many (significant) changes in the children’s lives; the custodial parent’s situation or your situation.

One good reason to have a change in custody, is that the children now want to live with you. However, the children will have to be sincere in their reasons for wanting to change their living situation from one parent to the other parent.

Another possible good reason, is that the custodial parent wants to move out of New York State, but, the children want to stay in New York.

If you are not seeking a change in custody, but, only more parenting time with the children, that may be easier to obtain. Again, you still have to show a significant change of circumstances (i.e. a good reason), why you should have more parenting time. Every situation is different, so depending on how much more time you want, and why, it hard to predict if your request will be granted.

David Badanes and the Badanes Law Office, P.C., have represented countless clients in their divorce. If you are seeking a divorce or a change in your child custody agreement, contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.