Legal Question in Family Law in Arizona
We live in Az, my Husband currently has visitation every other week (The Mom changes to fit her needs) and one week vacation during the summer (My husband has to fight to get even though it's court ordered). Casondra is currently 13 and will be 14 at the end of August. My Cassie is so unhappy, every other week we have to see her light up when she is with her Dad, Brothers and Sisters, and then morf into a child that is lacking family love and unity or simply just to feel a part of family. She constantly tells us she feels alone and over looked when she is with her Mom. She has been writing in a journal for some time now, and has begun writing her Dad to let him know how she feels. Our Situation is we've been married almost 10 years (Sept 14) we have 6 children together including Cassie. Her Mom's situation is she's been married under a year and they have two children including Cassie. Can you point us in the right direction as far as what options my husband has? I was told there was a point were the child can make a choice on who she/he wants to live with at a certain age. We know we have to go back through the courts for this to happen, but just aren't sure of the neccessary steps. Your help is greatly appreciated. Jazmyn
1 Answer from Attorneys
In Arizona, the Judge must consider the child's desires. However, it is only one factor of many. There is no age where a child simply gets to choose. However, the preferences of a mature 13/14 year old, combined with evidence of all other relative factors, should carry significant weight.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
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