Can a Child Choose Which Parent to Live With After a Divorce?

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There are few things more important to a parent and their child than reaching a custody agreement that addresses their child’s best interests. If you’re seeking custody, you may wonder whether your child has a right to choose which parent to live with. Continue reading and reach out to an experienced Nassau County child custody lawyer from Barrows Levy PLLC to learn more about how courts determine child custody and how our legal team can preserve the best interests of your child. Here are some of the questions you may have:

Will a judge allow a child to choose which parent he or she will live with?

Some states require courts to consider a child’s opinion when it comes to child custody, while others don’t. That said, all states allow judges to consider a child’s opinion. Here in New York State, courts do not require judges to consider a child’s opinion when deciding on child custody, however, if a child is deemed old or mature enough to have a say in a custody agreement, they will consider their opinion. That said, judges will ultimately determine a child custody agreement based on what they determine is the best interests of the child.

What factors do courts consider when determining child custody in New York State?

There are a wide array of factors courts will consider when determining the best interests of a child. Just some of those factors are as follows:

  • The child’s age
  • The child’s needs
  • The geographic proximity of both parents
  • The child’s schedule
  • Both parents’ schedules
  • Both parents’ ability to provide the child with a safe and stable environment
  • The bond the child has with both parents
  • Whether either parent has a history of domestic violence, substance abuse, or any other sort of behavior that may call their parental fitness into question

If you have any further questions about child custody in New York State, or you require the assistance of an experienced Nassau County family law attorney, simply pick up the phone and give us a call today.


Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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