Can a 16-Year-Old Choose Which Parent to Live With in Arizona?
Child custody is a sensitive subject in divorce cases. While the couple may not want to continue their marriage, they still have parental rights over their children. A child’s best interests and well-being are the priority for Arizona courts in divorce matters. While the court will consider several factors when making its decision, the child’s preference has some weight—especially as children get older. Let us explore whether a 16-year-old can choose which parent to live with in Arizona.
Types of Child Custody in Arizona
Child custody arrangements in Arizona include two main components: legal decision-making authority and parenting time. With legal custody, the parent can make decisions about important aspects of the child’s life, such as their education and religious affiliation. With physical custody, the parent can decide on the day-to-day matters, such as daily routine and living arrangements. The courts in Arizona have the authority to grant both types of custody to the same parent or split the responsibility between the two parents.
Understanding the Legal Rights of a 16-Year-Old In Choosing Custodial Parent In Arizona
Many marriages end before the children reach adulthood. When the children are young, their preference could be considered in court but does not carry much weight. Children are generally not mature enough to choose which parent they should live with. While children are allowed to express their preferences, the court is not obligated to listen.
Also, the courts are typically against having a child testify in court, as it can be too stressful for a young child. However, as the children grow older and become more mature, they are in a better position to understand what is best for them.
In 2022, a bill was introduced in the Arizona State House that a child who is 14 years of age or above should be able to choose who they live with. However, the bill is still under consideration by the State Senate.
As of now, there is no specific age at which the child’s preference becomes crucial in child custody cases in Arizona. However, the court is open to hearing what the child has to share. A 16-year-old child has the right to voice their opinion. The preference of a 16-year-old child can carry significant influence on the court’s decision if the child can properly articulate their reason for wanting to live with one parent.
However, if their child’s wishes are not aligned with what the judge believes is in their best interest, then the child will not get their way. Generally, the court considers several factors when deciding on sensitive matters such as child custody. While the 16-year-old’s child custody choices in Arizona may feel restricted, such laws are in place to protect their well-being.
Factors Considered By the Court In Determining Child Custody Cases
The court considers several factors when determining child custody cases in Arizona, including the preference of the child and their relationship with each parent. If there is a history of abuse, such as domestic violence, then such matters can greatly influence who is awarded custody.
The educational, healthcare, and general living standards of the child are also given significant weight in such cases. The court is likely to consider the stability and continuity of the child’s life. For example, if the child has established a routine, the court does not want to disrupt that unless there is a good reason to do so. The financial standing of the parents is also important as they should be in a position to fulfill the basic needs of the child.
To get legal guidance and representation from an experienced family lawyer, contact us at the Law Office of Cosmas Onyia.
