Tuesday, June 30, 2015


At what age does a teenager decide with which parent they will reside?

Matter of Cannella v Anthony 2015 NY Slip Op 02760 Decided on April 1, 2015 Appellate Division, Second Department

"......Furthermore, in determining custody, while the express wishes of children are not controlling, they are entitled to great weight, especially where their age and maturity would make their input particularly meaningful (see Matter of Samuel S. v Dayawathie R., 63 AD3d 746; Matter of Manfredo v Manfredo, 53 AD3d 498, 500; Matter of O'Connor v Dyer, 18 AD3d 757).
Here, there was evidence that the relationship between the mother and the 14-year-old child had deteriorated, and that the child wished to reside with the father. In addition, there was evidence that the child's school performance, including completion of homework, improved while [*2]he was with the father. Contrary to the mother's contention, the Family Court's determination awarding the father physical custody and sole custody with respect to all issues relating to education had a sound and substantial basis in the record (see Matter of Manfredo v Manfredo, 53 AD3d at 500)."

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