Legal Question in Family Law in Arizona

child custody

At what age can a child decide which parent he chooses to live with?


Asked on 4/08/07, 6:36 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: child custody

Arizona law requires that a Judge consider the desires of the child. However, such is only one factor of many. There is no certain agree when a child simply gets to choose, and the weight of the child's opinions can be of course affected by the child's agree and maturity.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 4/09/07, 1:19 pm
Joseph Scalia Joseph A. Scalia & Associates

Re: child custody

It depends on the age of the child. If the child is 15 or over, most judges will allow teenage discretion. Childen in the mid to late teens are generally at the point where thay can begin to decide, absent undue influence by 1 of the parents. 11-14 year olds will be allowed some input through a child interview. Children's desire will be accommodated when possible, depending on the the childs age, maturity, school events etc. However, if 1 parent is extremely permissive or otherwise appears to be less suited to custudy, the other parent will prevail regardless of the child's preference. If 1 parent lets the kids run wild, go to the mall without supervision, leaves the children unsupervised etc, of course the child will want to stay with the parent that is the most lenient- but the child's opinion will probably not be heeded. In short, it depends on the parents relationship, the child's age and maturity, and the party's parenting styles.

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Answered on 4/08/07, 9:30 pm


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