Legal Question in Family Law in Arizona

Age child can decide

My nephew is now living with his mother, and would like to move into his fathers home with him.

He will be 14 on July 13,1999. He also has a brother who will be 12 on December 31, 1999, and would like to know what his position this matter.


Asked on 6/17/99, 2:39 am

1 Answer from Attorneys

Kathleen Coughenour DeLaRosa Coughenour Law Office, P.C.

Re: Age child can decide

There is no "magic" age, short of 18, when a child gets to decide who will be the custodial parent. The concern of a judge is going to be what is in the best interests of the child; one factor in that decision may be the wishes of the child, but those wishes are not controlling while the child is a minor. The judge is required to balance all applicable factors in making a decision as to custody. I would suggest you review those factors in the statute at the following URL:

http://www.azleg.state.az.us/ars/25/403.htm

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Answered on 6/29/99, 2:10 pm


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