Legal Question in Family Law in Arizona

Age child can decide

Is there an age when a child can decide which parent he wants to live with? Does the court take seriously a childs desire to live with the parent he is not currently living with?


Asked on 4/28/03, 11:47 pm

2 Answers from Attorneys

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

Re: Age child can decide

There is no specific age. However, a Judge in Arizona is required to consider the desires of the child. It is only one factor of many. How much weight any child's desires carry is dependent upon so many factors.

I can explain the issues better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). 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 Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & 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 4/29/03, 12:45 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Age child can decide

Thank you for your inquiry. There is no age by which a child can decide with whom he/she will live, but the child's wishes are a factor in determining the child's best interests. The court wants to know what is best for the child (as opposed to what the child wants). If a child is mature enough (regardless of age), and if the parents are truly looking out for the best interests of the child, then it is the parents who should determine how much weight the child's wishes should have.

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Answered on 4/28/03, 11:50 pm


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