Legal Question in Family Law in Arizona

Parental custody

My ex wife & I share joint custody of our 11 yr. old son. At what age can he decide for himself who he wants to live with?


Asked on 7/15/03, 7:55 pm

3 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Parental custody

Thank you for your inquiry.

A minor child does not ever get to "decide" where he/she wants to live; however, as a child gets older, his/her wishes carry more weight. In other words, a child's wishes is only one factor among many that a court must consider in determining a child's best interests.

I hope this information is helpful.

Monica Donaldson

[email protected]

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Answered on 7/15/03, 9:50 pm

Re: Parental custody

It is not up to the child, however when the child gets older her/his wishes may be considered and the court usually does what is in the best interest of the child.. Good luck

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Answered on 7/16/03, 11:03 am
Rich Peters R. J. Peters & Assoc., P.C.

Re: Parental custody

Sent 7/16/2003

Arizona does not permit a child to simply "choose" where he wants to live, at any age. Instead, the child's desires are only one factor of many. The Court must consider the child's overall best interests, and must pick a schedule and a primary parent who are better able to serve the child's best interests.

Certainly, as a child grows older, his desires carry more weight.

I can explain the issue better by phone or in person. We can also talk about modification procedures. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 7/16/03, 2:13 pm


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