Legal Question in Family Law in Arizona

Joint Custody

We have joint custody of two boys, the oldest is 11. I have to take a job out of state and the boys want to go with me but their mother says no. How old do the children have to be in order to choose which parent they want to live with?


Asked on 7/01/08, 4:32 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Joint Custody

Thank you for your inquiry.

Actually, minor children never get to "choose" the parent with whom they prefer to live. Children's wishes are one of several factors the court considers (the older the children, the more weight their wishes carry) in trying to determine the children's best interests. In order to change the parenting arrangements, especially if relocation is involved, you will have the burden of proving to the court that the relocation is best for the children. This is a difficult burden to meet and must be evaluated on a case-by-case basis.

We offer a free initial consultation, so please contact us to schedule a time to speak with one of our attorneys regarding the details of your situation.

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Answered on 7/01/08, 11:44 pm


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