Undo And Redo In Legal Alaska Family Law Forms For Free

Prior to the age of 18, the court and the state does not consider minors to have the capability of making a full determination of where they want to establish their residency. Therefore, the age of majority is the only age in which they can make such a decision.

To request modification of a final divorce or custody order, you must file a Motion to Modify. The Court will only consider your request to modify the original terms of your divorce and/or custody decree if you can show there has been a substantial change of circumstances since the original order.

Though there is no strict age guideline under Alaska law, children are not generally mature enough to make reasoned decisions about which parent to live with until they are teenagers. Even then, a judge will look at the reason the teenager is expressing a preference for one parent over another.

The parents cannot agree to waive child support or to have a specific amount that is lower than the calculated amount. The parents can agree on what is reasonable income to use for a parent for the calculation which should be based on their earnings and current and past employment history.

The child, however, must be old enough and mature enough to provide a reasonable opinion. The qualifying age for this is not specifically set forth by Alaska law. Instead, the court is granted the discretion to evaluate whether the child is of sufficient age and capacity to articulate a meaningful preference.

Alaska law presumes that children should have equal access to both parents unless a court order says otherwise. Before a custody order is issued, neither parent has a right to keep the other parent away from the children.