questions & answers

Question: If my parents have a temporary custody arrangement through a mediator & haven't gone before a judge yet for a final arrangement can I refuse to back to my dad's when my visitation time is over with my mom, can my sister as well she's 12? If not what can my sister & I do to let the judge no we want to move back with our mom or have more time with her? Does the judge even listen to what we want or anything about how we live or are treated at our dad's house? Thxs for any help

Answer: In cases regarding child custody, it is the duty of the court to make a decision based on what they believe to be in the best interests of the child.  According to Arizona Revised Statute 25-403 if a child is of suitable age and maturity, the court can take the wishes of the child into account when making a decision about custody.

Refusing to return to the parent that has legal custody can create many problems.  

If a minor runs away from home or fails to obey a lawful order they may be prosecuted as an incorrigible child (A.R.S. § 8-201(15)(c)).  Some punishments for being found incorrigible include being fined, being put on probation, or being ordered to do community service.

It’s also possible that any adult, including the parent that you stay with could face charges. Arizona Law (ARS §25-511) makes it a class 6 felony (imprisonment for 1 year and up to a $150,000 fine) if the parent of a minor child knowingly fails to furnish reasonable support for the parent's child. Another Arizona Law (ARS §13-3613) makes it a class 1 misdemeanor (up to 6 months in jail and a $2500 fine) for a parent to cause, encourage or contribute to the dependency or delinquency of a child.

For more information on what a court will consider when making child custody decisions, read the full text of Arizona Revised Statute 25-403: http://www.azleg.state.az.us/ars/25/00403.htm