Can a Child Decide Which Parent to Live with?
Children may sometimes have to live with one of their parents rather than both due to divorce or matters related to child custody. When this happens, it can be confusing to the children, especially because a child does not have to be interviewed in an Arizona court. Even though the child may express which parent they want to live with, this aspect of the law makes it difficult for the courts to determine the child’s wishes. To prevent the child from this stressful situation, the court first determines if the child is of an appropriate age and level of maturity to testify.
Legal Age a Child Can Decide If Want to See a Parent
There’s no exact age at which a child’s opinion becomes crucial in Arizona law. However, teenagers are usually more considerate in making decisions as they can express themselves more distinctly. The older a child is, the more mature and experienced they are considered compared to younger kids.
Since there is no particular age that allows the child to decide the custodial preference in Arizona, judges make their judgment based on the specific circumstances of the case. In addition to the perceived maturity of the child, the judge may also consider:
- The wishes of the child to testify and whether they have assistance from a family law lawyer
- How the child will be affected psychologically by the decision
- The relevance of the child’s testimony for the judge to reach a final decision
When Can a Child Decide Which Parent to Live With
Judges in Arizona consider the issues that a child is likely to go through when declaring their choice in front of their parents. To protect the child, minors are usually not allowed to testify about their choices in open court. Instead, the minor can testify in the judge’s chamber, where they will not be influenced by either parent to tell another story. By providing a private and safe space, the child can also decide what they want according to their desires.
When testifying, a court reporter may be present to record the interview. However, the recordings may be kept private, and the decision of whether the judge can interview the child out of the courtroom is made by the parents. Other methods that the court can use to get a child’s opinion include getting a custody evaluator to interview the child and make a summary report of what the child decides. An attorney can also be used to represent only the interests of the child, in the same way as the lawyers of the parents do. The other method is to assign a guardian ad litem, which makes sure the rights of the minor are protected.
Get Legal Support from a Trusted Arizona Family Law Attorney
When it comes to divorce and separation, Can a child choose which parent to live with in Arizona?’ is one of the most commonly asked questions. Generally, a child may choose which parent they want to see or live with. However, this is usually not an easy matter and requires an approach that considers the child’s desires. To get a better understanding of this issue or solve an issue you may be having about family law, reach out to Schill Law Group. We are ready and available to help you make the right decision and follow the right legal procedures.
