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Child Custody Preference Age in New York

New York law names no age; under case law the child's wishes are one factor, not determinative, weighed by the child's age and maturity and any influence on the child.

Last checked . General information, not legal advice.

New York at a glance

Age named in statute
No age named
The rule comes from case law; Dom. Rel. Law 240 sets no age.
How the preference is weighed
Factor weighed by age and maturity
Courts consider the child's age and maturity and the potential for influence exerted on the child.
Preference can be decisive
No, not controlling

Sources

Last checked

The rules in New York

At what age does a child's custody preference count in New York?

Age named in statute in New York: No age named. The rule comes from case law; Dom. Rel. Law 240 sets no age.

How do courts in New York weigh a child's custody preference?

How the preference is weighed in New York: Factor weighed by age and maturity. Courts consider the child's age and maturity and the potential for influence exerted on the child.

Can a child's preference decide custody in New York?

No, not controlling. Preference can be decisive in New York: no, not controlling.

Where do the New York child custody preference laws come from?

The rules above come from Eschbach v. Eschbach, 56 N.Y.2d 167 (1982). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.