If my parents are getting divorced, by law do I have to go to court during their trial to decide who I want to be my guardian?

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If my parents are getting divorced, by law do I have to go to court during their trial to decide who I want to be my guardian?

My parents are getting divorced. I am 18 years old and in college. My mom says that her lawyer told her that I have to go to court. I told my mom I would write a letter saying I want her to have full custody. She says that isn’t enough. I am in college and really don’t want to miss class. By law, do I have to appear in court? Is this something that I can be subpoenaed for? Not that I would let it get that far anyway. If not I would assume, I can’t be forced and are therefore not required to go.

Asked on November 27, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country since you are eighteen (18) years of age and in college you are an adult and have no stake in the dissolution proceedings between your parents. They cannot have custody over you as an adult unless you have some special needs needing a conservatorship.

Unless you are served with a subpoena to attend trial you do not need to attend.


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