Legal Question in Family Law in Arizona

at what age in az can a child decide not to visit the non custodial parent?


Asked on 1/03/11, 7:49 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

There is no statutory age at which a child can "choose" whether or not to participate in visitation; the visits are the right of the parent, not the choice of the child. If, however, there has been a substantial and continuing change in circumstances since the time the current orders were entered, then you might be able to ask the court to modify the parenting time arrangements. The wishes of the child are one factor among several that the court must take into consideration; however, the ultimate determination must be made based on the "best interests of the child," which is not necessarily consistent with the child's wishes.

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Answered on 1/08/11, 8:08 pm
Rich Peters R.J. Peters & Assoc., P.C.

There is no such age. In Arizona, a Judge is required to consider the desires of the child. BUT, such is only one factor of many. The older and more mature a child is, the more weight their opinion will carry.

BUT, if the child has a strong opinion, there is probably good reason why. if we can prove the good reasons why, combined with the child's desire, you should have a strong case.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

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

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 1/10/11, 11:32 am


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