Thursday, March 3, 2016

TEENAGERS DETERMINE CUSTODY?


 

As we read about the recent custody battle between Madonna and Guy Ritchie, I note that quite often, in determining custody or a change of custody, a court will defer to the wishes of a teenager. For example, in MATTER OF SOLOMON v. MELLION, 2016 NY Slip Op 1190 - NY: Appellate Div., 2nd Dept. February 17 2016:

"Here, considering the totality of the circumstances, including the express wishes of the child, who was 15 years old when the Family Court conducted an in camera interview of him, there is a sound and substantial basis in the record for the determination that it was in the child's best interests to grant the father's petition to modify the provisions of a judgment of divorce so as to award him sole custody of the child (see Matter of McVey v Barnett, 107 AD3d 808, 809)."

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