Child Custody

questions & answers

Question: can a child over 13 decide what parent will get custody over them?

Answer:

A.R.S. §25-403. Legal decision-making; best interests of child

A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child's physical and emotional well-being. Including a minors opinion but it is only one of the factors

The other factors can be found at A.R.S. §25-403(A)(2). Arizona law does not generally allow a minor child to formally "choose" which parent he or she will live with.

 

QUESTIONS

  • can a child over 13 decide what parent will get custody over them?

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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