QUESTION

Does my niece have the right to choose where she lives?

Asked on Aug 31st, 2015 on Family Law - New York
More details to this question:
My niece is turning 17 soon and her mother is moving out of state, leaving her in New York. Her mother has designated someone to take care of her but my niece is unhappy and uncomfortable with this since it will be in a house living with mostly men. Her mother has kicked her out of the house and abandoned her before so she was wondering if she would have the right to choose where she lives with her mother moving to a different state.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
This is a heart breaking situation- your niece is essentially being abandoned. Unless a court has appointed a guardian for your niece, her mother's "designation" of a guardian has no legal effect. Your niece can sue her mother for child support, to which she should be entitled until age 21, as well as petition the court for emancipation. If the father is in the picture and paying child support to the mother, your niece can ask the court to order her mother to pay it directly to her. In the alternative, you or another relative can petition for guardianship. Although courts do not usually order child support be paid to guardians, given the circumstances, you may win if you ask the court to order the mother to pay child support for her daughter. It does not sound like your niece is ready to be emancipated. I hope she has a responsible, caring adult in her life who will petition the court to be her guardian. If you can obtain the mother's consent to the arrangement, even better. Good luck. 
Answered on Aug 31st, 2015 at 2:25 PM

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