Legal Question in Family Law in Arizona

custody of 13 yr old

I understand that my 13 yr old daughter who lives with her mother in AZ can come and live with me in CA where she wants to be, at the age of 16 with no custody battle involved. Do I have to file any type of petition with the court to make this happen? How soon can I file this petition so that it will be set in place when she turns 16.


Asked on 3/20/08, 1:59 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: custody of 13 yr old

Are you referring to Arizona law? IF the court of jurisdiction is California, then 18 is the magic age. Until she turns 18, the court will have to decide. Although they can consider her preference, they will not simply do what she wants.

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Answered on 3/20/08, 6:55 pm
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: custody of 13 yr old

Arizona law does not provide an age for a child to choose which parent to live with. The statute requires a determination in the child's best interests, and the child's wishes are only one of many factors. It is up to the parents of a minor to decide where a chid will live, and if the parents disagree, the court will decide.

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Answered on 3/20/08, 6:56 pm


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