My husband ask for divorce

Get Legal Help Today

 Secured with SHA-256 Encryption

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 2 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 2 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption