Legal Question in Family Law in Alaska
Child Custody Change
I have an 11 year old daughter that has expressed to come reside with me. Her mother has custody. My question is at what age can a minor child make the decision to change custodial parents when the divorce was in the State of Oklahoma? I currently live in Texas however they are still in the state. My daughter is constantly traveling from my ex's house to her boyfriends house and never has a consistant day. When I say travel I mean they take turns spending the night. She is really confused and does not want to continue this type of schedule and is looking for some stability.
1 Answer from Attorneys
Re: Child Custody Change
If the divorce was granted in Oklahoma and the child still resides there, Oklahoma will have continuing jurisdiction to modify the custody provisions of the decree. Accordingly, an appropriate motion to modify should be filed in Oklahoma. With regard to the preference of the child, in Oklahoma, there is no set age at which a child may express his/her preference as to which parent he/she wishes to have custody. The court will make a determination as to whether the best intest of the child will be served by the child's expression of preference. If the court so finds, the child may express such preference; provided, however, the court is not bound by the child's choice. And of course the paramount consideration in a change of custody case is the best interest of the child and there has to a substantial and material change of circumstances which adversly affects the best interest of the child in order to modify custody. If you need help finding a lawyer in the area where the decree was entered let me know. Good luck!