Child Custody

questions & answers

Question: My husband and I have partial custody of our 11 year old son. His child parenting plan states that he is only see his son every other weekend for a total of 6 days a month. His mother and stepfather are constantly traveling for work. We end up having him 50-75% of the month. He feels unloved in the other home. At what age can my step son choose to live with us or with them. We are from Minnesota, but permanently reside in Arizona now.

Answer:

In Arizona, there is no "set" or "brightline" age where a child can decide which parent to live with.  The wishes of a child may be considered a factor in custody determinations (A.R.S. § 25-403).  Generally, the older or more mature the child, the more weight is given to the child's wishes.  The Arizona Supreme Court's Model Parenting Time Plans article may be helpful to you.  Although the topic of the article is on parenting plans, there is a breakdown of child age brackets and maturity levels assumed within those age brackets. 

If the custody order you are referring to is from a state other than Arizona, you may want to research the laws of that state regarding this issue.  Based on the information provided, it is unclear what court currently has custody jurisdiction.

Comments:

QUESTIONS

  • My husband and I have partial custody of our 11 year old son. His child parenting plan states that he is only see his son every other weekend for a total of 6 days a month. His mother and stepfather are constantly traveling for work. We end up having him 50-75% of the month. He feels unloved in the other home. At what age can my step son choose to live with us or with them. We are from Minnesota, but permanently reside in Arizona now.

STORIES

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