What Courts Consider When Determining Child Custody | Phoenix Family Law
Determining Child Custody in Phoenix, Arizona
In Arizona, child custody is now called legal decision-making. The law establishes a preference for joint legal decision-making, and a parent seeking sole legal decision-making will have the burden to prove to the court why such an order is in the best interest of the minor children. Some acceptable reasons might include drug or alcohol abuse, sexual abuse, physical abuse or mental illness.
11 Statutory Factors
In making it’s order, the court is required to consider all information that is relevant to the children’s best interest and in particular, the eleven statutory factors. I won’t describe all of those factors here, but they include the past, present and potential future relationship between the parent and the children; the children’s relationship with family members and their adjustment to home, school and community; the mental and physical health of the parents and the children; and if the children are of suitable age and maturity, the wishes of the children.
Age of Children Effects Child Custody
On this last point, there is no specific age at which a child gets to choose where to live. As the child gets closer to age 18, his or her wishes will carry more weight with the court. Typically, courts start giving significant weight to the child’s wishes around age 12 or 13. If you have more questions concerning legal decision-making or parenting time, please contact me.