Legal Question in Family Law in Arizona
child custody
At what age can a child decide which parent he chooses to live with?
2 Answers from Attorneys
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.
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/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
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see our web page at www.familylawaz.com
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.