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Non-resident parents have a right to regular contact, unless there are clear reasons why this would be harmful to the child. If a person does not have Parental Responsibility, the Local Authority should ask the parent with PR if they are agreeable to such discussions taking place.
In special circumstances, a court may consider a child as young as 10 years old sufficiently mature enough to meaningfully contribute to decisions about her welfare. The over-riding factor is the best interests of the Child.
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.
In the state of Texas, a child's decision cannot be the sole factor in determining which parent the child lives with. When the child reaches the age of 12, upon motion, the court can consider the child's wishes when it comes to who they will live with.
Legally, from the age of 16, a child can decide with which parent they would like to live, although this may extend to 17 or 18 if there is already a child arrangement order in place specifying where they should live.
Alaska judges decide custody based on what is in the child's best interest. Alaska courts do not give preference to one parent over the other because of their sex. Instead, the judge must consider all of the following factors when determining custody: the child's physical, emotional, mental, religious, and social needs.
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.