Does the Buffalo Family Courts Allow a Child to Choose Their Residency?

Parents are always coming up to me and wondering whether or not their children have a voice and what’s going to happen with custody and access. The children do have an advocate through issues of custody and access, whether it be through a divorce or in family court. They’re going to receive an attorney assigned to represent them. The court calls that attorney the attorney for the child. You may also hear that attorney called the law guardian.

That attorney is going to be your child’s voice through the process. That attorney’s obligation is to advocate for the child’s stated position. With a very young child, that attorney may take the position that they are going to substitute their own judgment as to what might be in the best interest of the child. With an older child who is able to vocalize a position, the attorney’s going to advocate for that position. The court then is going to make a determination as to what’s in the best interest of the child. The court may agree with the position of the attorney for the child or not. That will be based upon a number of factors.

Does your child want to stop living at their other parent’s house and move into yours?  Contact Child Custody Attorney in Buffalo NY, Rebecca Talmud for guidance.

This educational legal blog was brought to you by Rebecca Talmud, an experienced Buffalo Child Custody Attorney.