How Does A Child’s Preference Affect Custody In Arizona?

Under Arizona law, the courts are required to consider a number of factors in awarding child custody. Among the factors that can be considered in these cases is the child’s preference regarding which parent he or she would rather live with on a primary basis. In every case however, the best interests of the child must be served.

The child’s preference alone is not typically the primary driver behind the court’s decisions in these matters. Rather, it may be used to inform the court’s decision if all other factors are essentially equal with regard to the child’s safety, quality of life and educational opportunities under the care of either parent.

Understanding How The Courts Evaluate A Child’s Preference In Custody Cases

The child’s preferences must be meaningful and relevant in order to influence the court’s decision. A preference based on which parent gives the child the most freedom, for example, may not carry much weight with the court. In addition, the courts will become very leery of a child’s stated preference if it appears that he or she has been coached by one of the parents.

At The Baker Law Firm, LLC, in Phoenix, our attorneys represent clients in all types of family law and divorce matters. We take the time to provide a thorough analysis of your case and answer your questions regarding the impact of a child’s preference. We will advise you on how to best present your child’s preference to the court.

Talk To A Lawyer About Your Child Custody Concerns

To learn more about child custody and whether your child’s preference could have an impact on the court’s decision, call us at 602-842-0359 or email our office using this contact form to schedule a confidential consultation to discuss your case.