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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Arizona, the court may consider a child's preference regarding their primary residence in custody cases, but it is not bound to follow the child's wishes. The relevant statutes can be found in Title 25 of the Arizona Revised Statutes, which encompasses family law. According to ARS § 25-403, the court takes into account the child's wishes if the child is of suitable age and maturity. While there is no specific age mentioned in the statute, typically a child aged 12 or older may be considered mature enough to express a preference. However, the child's preference is just one of several factors the court will evaluate in determining the child's best interests, which is the overriding concern in custody decisions. The court will also consider factors such as the parents' wishes, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Arizona State Code

Arizona State Code

Child custody

child's choice on where to live

Articles