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TUG OF DAUGHTER
Everybody’s Uncle,
I live in New York state. My step-daughter wants to move in with us, but her mother (who has custody) wants to keep her. She will be sixteen in a month. Are we going to have to go to court or can she just move in with us when she turns sixteen?
(Unsigned)
Unsigned,
Points of information: It is my understanding that age of consent is 17 in NY and emancipation occurs at 21 or prior on a case to case basis. Research this to your satisfaction before taking any action.
The divorce decree probably sets some guidelines regarding visitation and custody. If there is any doubt about the interpretation of such guidelines, you are well advises to seek legal counsel before taking any other action. Do not confuse age of consent with emancipation. The divorce provisions MUST be addressed. Such provisions can be changed or challenged, advisedly, under supervision of an attorney and, if contested, by court order.
I am not a lawyer. Take no action without an attorney.
Every body’s Uncle
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