Grandparents' Rights

questions & answers

Question: how old is a child before he or she can speak for themselves about who they want and don't want to visit

Answer:

See the article on this site titled, "Things you Should Know about Custody and Parenting Time." That article states:

What does the court consider when deciding what is in the child's best interests in custody disputes?

State law provides guidance to the courts by listing factors that the court should consider. These include such things as the wishes of the parents, the child's wishes, how the child interacts with each parent and any other children in the family, the health of each person involved, the child's adjustment to home, school and community, which parent primarily has provided care for the child in the past and which parent is more likely to allow the child to have frequent and meaningful contact with the other parent.

The court also must consider whether there has been domestic violence in the family, drug or alcohol use by a parent or other circumstances that may endanger the child's physical, mental, emotional or moral health. The court will presume that an award of custody to a parent who committed an act of domestic violence is contrary to the child's best interests.

See A.R.S. § 25-403 regarding the factors the court considers when deciding the best interests of the child. Also, see the question on this site: can i choose which parent i want to live with, if not, what age can i?

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