Legal Question in Family Law in Arizona

Re: child custody

There is no statutory age at which a child gets to "choose" which parent to live with, nor should a child be put in the position of a) feeling like he/she has to choose or b) feeling like he/she actually controls the outcome. However, one of the factors in the child custody statute is the wishes of the child, and if a child is old enough and/or mature enough, the court can consider the child's wishes. This could be done by having the child interviewed by someone on the court's staff. Children do not get to testify, and except under the most extreme circumstances, they do not get to speak to the judge. Ultimately, it comes down to the best interests of the child.