If your child has strong feelings about where they want to live, you may wonder whether they eventually get the final say. In Arizona, there is no specific age when a child can choose where to live, and courts use the terms parenting time and legal decision-making when deciding parental rights and schedules. The court considers the child’s wishes as part of a broader review of their best interests.
When will the court consider your child’s preference?
State law allows a judge to consider your child’s wishes if they are of suitable age and maturity. However, your child’s preference does not automatically determine the outcome.
The court must also consider other factors that may affect your child’s well-being, including:
- Their relationship with each parent and siblings
- Their adjustment to home, school and community
- The mental and physical health of the people involved
Together, these factors give the court a more complete understanding of your child’s circumstances and individual needs.
How can the court learn what your child wants?
A judge may interview your child in chambers, outside the open courtroom, to learn their wishes about their parenting arrangements. The interview is recorded. Depending on the case, the court may also use a court-appointed professional to gather information that can help with the decision.
An older child does not automatically get to decide the outcome. The judge still determines the final parenting arrangement based on the child’s best interests.
Understand what your child’s preference may mean
Every family’s circumstances are different, and your child’s age is only part of the picture. If questions arise about how their wishes may affect legal decision-making or parenting arrangements, legal guidance can help you understand how Arizona’s rules may apply and what to expect from the court process.