The courts will generally appoint an advocate for your daughter, who, along with the judge, would hear testimony from your daughter regarding her interest in living with her mother. Based on their response to your daughter’s request, the judge would decide custody. The courts will give much credence to the interests and desires of a 15-year-old child, especially a child, who can express herself intelligently to the court. The court has a right to compel you to allow her to return to her mother and will, if it so the decides, grant her mother custody. If the court gives her mother custody, she can demand that you provide the 17 percent child support as mandated by the statute in New York. You can offer less than the statutory amount by agreement with the mother, and this I can help you with through the mediation process. I strongly urge you to take advantage of this possibility.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting with you and your wife to discuss custody and child support.
Leonard M. Weiner, Esq./Divorce Solutions