Legal Question in Family Law in Arizona

Re: 16 year old wants to live wit father

Thank you for your inquiry. Child custody and parenting time must be decided "in the best interests of the child" (that is the legal standard). This means that you would have to be able to show the court that it is better for your daughter to live with you, even seeing you only on the weekends, than to live with her mother.

Minors do not get to decide where the live, so even though your daughter is 16, she will not get to make the decision. However, if the case was litigated, her wishes would be considered as a factor in determining her best interests.

If daughter and mother are not getting along, it might not hurt to suggest a temporary switch, on a trial basis (e.g. she can come out there for the rest of the schoolyear, then during the summer, the parents can try to determine what is best and where she should attend school next year).

I hope this information is helpful.

Monica Donaldson