Legal Question in Family Law in Arizona

how old does a child living in arizona have to be to make a choice of which parent to live with? his father has sole costody now but the mother can be proven fit


Asked on 2/15/10, 11:16 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

There is no specific age at which children are consulted about their wishes as to custodial parent, but it is safe to say that if the child is talking and seems to understand right and wrong, they may be asked with which parent they would like to live. Of course, this is only one aspect that court would consider. They would look at the totality of the circumstances and determine what is in the best interests of the child.

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Answered on 2/22/10, 9:12 am
Rich Peters R.J. Peters & Assoc., P.C.

A Judge must consider the desires of the child, but it is only one factor of many. No child at any age simply gest to choose a parent. Obviously, the older or more mature a child is, the more weight a Judge would apply to the child's opinion.

We can certainly help you consider and then pursue your options.

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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 2/22/10, 10:09 am


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