Wasilla, AK asked in Child Custody for Alaska

Q: At what age can a child in Wasilla, AK chose what parent she/he wants to live with?

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Stefan Otterson
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Answered
  • Divorce Lawyer
  • Anchorage, AK
  • Licensed in Alaska

A: If both parents agree to let the child decide at a certain age, then it's up to them. If both parents don't agree, then it will likely be the court that determines custody. From the court's point of view, child custody is an adult decision. The court has to consider all the factors required by statute and make a decision that will be in the child's best interest in light of all the circumstances. As part of that process, the court will consider the child's preference "if the child is of sufficient age and capacity to form a preference." Don't expect the judge to talk to the child directly. Usually presenting the child's preference requires the appointment of a custody investigator, who will interview the child and make any other investigations required by the court.

So the short answer is the child never gets to decide--it's either a parental decision or a court decision that takes the child's preference into consideration.

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