One of the most emotionally charged decisions in any Arizona divorce or custody dispute is whether a child can choose which parent to live with. The answer is usually no, not entirely, and not before age 18. But the child’s preference is relevant.
An experienced family law attorney understands how much discretion Arizona law gives to judges to consider a child’s preferences in their custody analysis. Understanding how that works can help parents navigate the divorce and custody process effectively.
The Best Interests Standard: What the Law Requires
All custody decisions in Arizona are governed by the best interests of the child standard. This law requires courts to consider all factors of the child’s wellbeing, such as:
- Past and present relationships with each parent
- The child’s adjustment to home, school, and community
- The mental and physical health of all involved
- Whether either parent has a history of domestic violence or abuse
The child’s preference for one parent is a factor in this equation, but the law is vague, saying if the child is of suitable age and maturity their wishes for one parent can be weighed. The law allows judicial discretion as it does not specify the appropriate age for this decision making.
How Arizona’s Process Differs From Other States
When describing child custody, Arizona courts make a distinction between legal decision making about a child’s health, education, religious upbringing, and physical parenting time. A parent can be awarded primary or shared custody in one or both areas.
Interpretation and application of family law in Arizona emphasize keeping both parents involved. Courts consider which parent will support and encourage meaningful contact with the other parent. If one parent tries to limit the other’s involvement with the child they weaken their own standing with the court.
Age Matters, But There Is No Magic Number
There is no specific age at which a child’s preference carries weight in Arizona courts. In practical terms, age 12 is approximately when courts take notice of a child’s desired parenting situation. Teenagers who are articulate and can set forth convincing statements are allowed more influence over their living situations.
The judge measures the child’s words and motivation for choosing one parent over the other. If lax household rules are behind the child’s choice, that is noted and given less influence on the court’s final decision.
Judges may interview the child privately in chambers rather than in open court, particularly with both parents present. The court reporter is typically present to memorialize the conversation, but a judge may seal that portion of the record if sensitive information is revealed.
A Guardian ad Litem (GAL) may be appointed for more challenging, complex cases. This attorney represents the child’s best interests after interviewing the family members, teachers, and other key parties, reporting to the court. Their recommendations to the judge can be impactful. Other influential opinions belong to court-appointed custody evaluators and mental health professionals sought out for their professional opinions on the family dynamics.
Discounting a Child’s Parenting Preference
A parent’s statements to their child can significantly influence the custody choice a child provides to a judge. A child who has been coached by a parent or pressured to make a specific statement is less likely to influence the court’s decision. Judges look for genuine feelings rather than practiced, slanted statements.
Can a Child Refuse to Follow a Custody Order?
No, until age 18, both the parents and the child are required to follow the court-ordered parenting plan. If a child consistently refuses to spend time with one parent, the adults must petition the court to modify the plan. Failure to follow a court’s plan can be considered contempt of court.
What Every Arizona Parent Should Know
Custody cases are emotional and stressful. Webster Family Law’s attorneys can prepare you for your family court hearing, including how and when your child’s preference may be heard by the court. Call for a consultation today.