Legal Question in Family Law in Arizona

Re: My 13 yr old daughter wants to file papers to live with dad.

Thank you for your inquiry. Contrary to popular belief, a minor child does NOT get to choose which parent they want to live with, but their wishes (especially as they get older) are a factor in determining whether a change of residence is appropriate. The court's position is that even though a teenager may have a clear idea of what they WANT, they don't necessarily know what is BEST for themselves.

The child cannot file the action; it must be filed by the parent seeking the modification, or by both parents if they agree to the change.

Your inquiry indicates that you oppose your daughter's relocation, but another consideration from your point of view is whether this might be in her best interests. Teenagers are often trying to assert their own individuality, and along with this might come a "change of scenery."

If you would like to discuss that matter further, please feel free to contact my office to schedule an appointment.

/s/ Monica H. Donaldson, Esq.

(480) 792-9770

[email protected]