[VIVIAN6923]

Hi I have a 13 yr old daughter & a 16 yr old son who lives with their father. We have joint custody but she lives with him. At this time she wants me to take her to court to change her residence to live with me. We live in the state of New York Can someone tell me what age will a judge listen to a child if they no longer want to live with that parent and wants to live with the other parent. We really don't have money to go to supreme court so I want to know if I take her to family court will the judge listen to her if she wants to live with mom. Also the son wants to stay with the father because he doesn't want to live by my rules and gets away with murder with the father.
Thanks

[hollylovesbrandon]

I believe, although I am from Indiana, that the child must be at least 12. But also, it won't be based solely on what the child wants. The money and household situation will come into play. But I believe the age is twelve... if this answers your question.

[fastfrank12]

The court will assign the case to a guardian Ad Ladum. The Guardian will determine if the child is mature enough and able to make this decision. Once the child is determined to to be competent in making this decision, then the court will take it's wishes into concideration. This means that the age can very from child to child. The cost will be in the thousands, if both parents are not in agreement. You will each have to pay for the services of an attorney, court cost, and also pay for the services of the guardian ad lidum, which typically runs around $1000 each in the state of Ohio.