My 16 (almost 17) year old daughter has moved in with myself and my wife. She is a great student and child. Her mother has been mean and uncaring toward her for the past few years. Her mother has not protected our daughter from her abusive boyfriend and my daughter has several police reports against him. Her mother, has for months at a time, hidden her from me when I have gone to pick her up and given instruction to those taking care of my daughter that she is not to use the phone or email. She would refuse to allow me to talk to her on the phone when I have called. The only way my daughter was able to contact me was a pay phone at school. My daughter wanted to move in with us but did not want to tell her mother ahead of time because she was afraid of the concequences from her mom if she told her. We live in NY and were told by the police that it was okay to go and pick her up to bring her here (we called them to be there so there were no problems). Her mother had me served the other day with papers for violating custody, althought we usually have her every summer. I wondered what state law concerning the age at which a child can decide to live with the other parent. I know that after 13 they consider what the child wants, but my daughter is afraid that they will make her go back. What are our options

dude your going thru same as i sence she is 17 she has the right to say where she wants to live. let the x server you with paper work go to court and if its as bad as you say and you can come up with police reports as you say. also the judge will speak with your daughter on this the wife could be opening a can of worms she may not want to do. just remember one thing no one can force your daughter to go where she doesnt want to go she is at that age now. just get all the info on x as possible to show to judge.....

It does not sound like the custody agreement was violated. But maybe you should seek a change in the custody situation, while also arguing that you did not violate custody. The child is old enough for the court to hear what the child wishes, but it is up to the court to determine that.