My husband ask for divorce
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My husband ask for divorce
Whe have a 4 year old daughter can he let a familly advocate and welfare ask my daughter where she wants to stay on that age can they diside or do I have rights as well? I don’t know how it works but it is not ok withme that this is a miner child.
Asked on October 2, 2019 under Family Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The general rule is that a minor child cannot choose with which parent they want to live. The court will decide this by looking at many factors such as: home environment, income and education of the parents, the child's relationship with each parent, reason for wanting the change, etc. That having been said, while a child cannot choose where they want to live, if they over the age of 12 their preference is given consideration and is one of the factors that the court considers (the older the child, the more weight it is given).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The general rule is that a minor child cannot choose with which parent they want to live. The court will decide this by looking at many factors such as: home environment, income and education of the parents, the child's relationship with each parent, reason for wanting the change, etc. That having been said, while a child cannot choose where they want to live, if they over the age of 12 their preference is given consideration and is one of the factors that the court considers (the older the child, the more weight it is given).
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