Can My Child Choose Which Parent to Live With in Arizona?
Deciding on a child custody arrangement is often one of the most emotional and challenging parts of a divorce. Courts take into consideration a number of factors when deciding on a parenting schedule that fits the child’s best interests.
When going through a divorce, you may wonder, “Can my children choose which parent they want to live with?” While the court does not always allow the child to decide this, the child’s preferences may be taken into consideration.
In this article, we will discuss how custody decisions are made in Arizona and how a child’s input comes into play.
Understanding Arizona Law and Child Custody
According to statistics, in 2018, there were approximately 12.9 million custodial parents and 22 million custodial children in the US. “Custodial parents” are parents who have a minor child living with them who have a parent outside the household.
Custodial parents need to work out custody arrangements that are best for their children. Custody arrangements in Arizona typically fall into two primary categories: legal and physical. Let’s discuss what these custody arrangements mean.
Legal custody
Legal custody refers to a parent’s responsibility to make important decisions about a kid’s life.
These decisions may involve:
- Healthcare
- Education
- Religious upbringing
- Extracurricular activities
When one parent has sole legal custody, he or she has the exclusive right to make major decisions about the child’s life. This arrangement is often granted because the other parent is deemed unfit due to physical or emotional abuse, neglect, or substance abuse.
In joint legal custody arrangements, both parents share decision-making responsibilities. The courts typically favor this arrangement, believing that children benefit when both parents are actively involved in their lives.
Physical custody
Physical custody determines where the minor will live and which parent will handle the day-to-day caregiving responsibilities.
In sole physical custody arrangements, the child primarily lives with one parent. The other parent may have visitation rights, but the child’s primary residence is with the custodial parent.
Joint physical custody means the child spends significant time living with both parents. While this doesn’t necessarily mean a 50/50 split, joint custody does require a schedule that ensures meaningful time with both parents.
How Does an Arizona Court Decide Who Gets Custody?
Under A.R.S. § 26-403, Arizona courts evaluate several factors to determine what is in the best interest of a child.
Each family and case is unique, and the following are some of the many factors that judges consider:
- Where has the minor primarily been residing?
- How long has the child been residing with each parent?
- Does one parent provide more stability to the child?
- If both parents work, which parent has better childcare arrangements?
- Does one parent have a history of domestic violence?
- Does one parent struggle with mental health issues?
- Can the parent provide financial support for the child?
- What are the child’s living preferences?
- Where do the minor’s siblings live?
- Does one parent have a history of drug or alcohol abuse?
- Does the child have special needs that one parent is better equipped to handle?
How Children’s Wishes Are Taken Into Account in Arizona Custody Cases
In Arizona, there is no specific age at which a child can make the final decision about which parent he or she wants to live with. However, the court may take into consideration your child’s wishes as part of its decision-making process.
The judge will take into account the following when evaluating a child’s preference.
Age and maturity
The preference of children may be taken into consideration more seriously if they are older and able to articulate valid reasons for their choice.
As an example, a teen’s input might be more persuasive than that of a toddler who may not fully comprehend the implications of his or her decision.
Reasons for the preference
The court will assess whether your children’s preference is based on reasonable factors. This could include a more stable living environment or feeling more emotionally supported by one parent over the other.
Preferences over superficial reasons, like one parent letting the child go to sleep later or buying more toys, are much less likely to influence a judge’s decision.
Parental influence
If one of the parents is trying to manipulate the child’s opinion or alienate the other parent, this could negatively impact their case.
The court works hard to ensure that the preferences of the child are genuine – not the result of negative parental influence.
How Will Your Child’s Preferences Be Communicated to the Court in Arizona?
Usually, testifying in open court is not considered to be in the child’s best interests. Doing so can cause a child much anxiety and stress.
Parents must consent to allow their children to testify outside of a courtroom. It is recommended to work with a family law attorney who can advise you of your rights and help you decide whether you want your child to testify.
In order to hear children’s input in custody arrangements, there are a few ways they can provide testimony.
Judicial interviews
Minor children may testify in a judge’s chambers. The parents are not present, so they cannot influence their children’s statements. The interview may be documented with a video recording or by having a court reporter present in the room.
During the interview, the judge may ask open-ended questions about the child’s living situation, the relationship with each parent, and his or her preferences.
Guardian ad litem (GAL)
A guardian ad litem, or GAL, is a neutral party appointed by the court to represent and advocate for the minor’s best interests. The GAL will conduct interviews with the child, parents, teachers, and other relevant parties and then submit a report to the court.
The goal of GALs is to make sure that children’s preferences align with what is best for their overall well-being. The recommendations of a GAL often carry significant weight in the court’s decision.
Custody evaluators or mental-health professionals
In more complex custody cases, the court may appoint a custody evaluator or therapist to assess the family dynamics and offer expert recommendations. The evaluators will take time to observe how a kid interacts with each parent.
Evaluators will also conduct interviews and assess the minor’s emotional and psychological well-being.
The evaluator’s findings are presented in a written report. The report may include the preferences of the child along with professional insights into what is in the child’s best interests.
How Parents Can Support Their Children During the Process
Navigating a custody dispute is taxing not only for parents but for children as well. The following are suggestions for minimizing stress and prioritizing their emotional and physical well-being.
Encourage open and honest communication
Express to your children that their feelings and opinions matter. Encourage them to express themselves honestly, but avoid pressuring them to choose sides. Offer reassurance that they are not responsible for the outcome of the custody decision.
Maintain a stable environment
Children do best in stable environments. Regardless of the outcome of your case, try hard to provide a consistent and nurturing environment.
Do your best to make sure that your children’s routines, education, and social activities are minimally interrupted.
Protect them from parental conflict
Kids should not feel that they are stuck in the middle of your custody battle. Try to avoid discussing legal matters or criticizing the other parent in front of minors. Keep conversations about the custody case age-appropriate and focused on your child’s needs.
Avoid manipulation or coaching
The court is highly sensitive to signs of parental manipulation. Don’t try to influence your children’s preferences or coach them on what to say. Give your kids space to speak honestly and independently about their feelings.
Corporate with court-appointed professionals
If the court appoints a GAL, therapist, or another type of mediator, cooperate fully and encourage your child to do the same. Showing a willingness to prioritize your children’s best interests can strengthen your case.
Seek professional support
Disputes over custody can be emotionally taxing for your kids. Consider getting help from a counselor or therapist who can provide a safe space for your children to process and express their feelings.
These professionals can also guide you as the parent on how to address your child’s concerns effectively.
What If Your Children Have Differing Preferences on Parental Custody Arrangements in Arizona?
When siblings express different choices on who they want to live with, the judge faces a more complex decision. Generally, courts avoid splitting up siblings because maintaining sibling relationships is considered important for emotional well-being.
Factors judges may consider in these situations:
- The maturity of each child: Is one child older and capable of expressing valid reasons for his or her preference? If so, your child’s wishes may carry more weight than those of a younger sibling.
- The quality of the parent-child relationship: The court will assess the bond each child has with each parent and whether living apart would strain those relationships.
- The practicality of living separately: The judge will consider whether each parent can properly support one or more children and whether the logistics of splitting up the children would be manageable.
- The dynamics of the siblings: The court may prioritize keeping siblings who have a close bond together. However, if there is significant conflict between siblings, separate living arrangements might be considered.
The Importance of Hiring an Arizona Child Custody Lawyer
As a parent, you understandably want what is best for your child as your family navigates this difficult time. Handling legal proceedings and custody cases on your own can be complicated.
Consider some ways an attorney can help:
- Advocating for your parental rights while prioritizing your children’s well-being
- Presenting evidence to the court that supports a custody arrangement that aligns with your children’s needs
- Helping you understand court procedures and explaining how factors like a child’s preference will be weighed by a judge
Brown Family Law Is Here to Help
While children in Arizona cannot always choose which parent to live with, their preferences may play a role in custody case outcomes. Children who can express mature reasoning for wanting to live with one parent may influence the court’s decision. Ultimately, the primary focus of the court is to ensure that the parenting arrangement supports the child’s physical and emotional well-being.
When making decisions about your parenting plan, guidance from a family law lawyer is beneficial. A lawyer can help you understand your rights and advocate on your behalf, to get you the best possible result.
Contact our Arizona office today for compassionate and skilled legal guidance. Call us at 480-882-0767 or complete the consultation form and we will contact you shortly.
