If My Parents Are Divorced, Can I Choose Who to Live With?

One of the most contentious matters in divorce is child custody. It’s also one of the most challenging aspects for children as it’s difficult for them to see their parents separate. One common question that arises in divorce cases is whether children can decide where to live after divorce. To answer these questions, we must consider several factors including the age of the child and their relationship with each parent.

Child Custody Laws and Regulations in Arizona 

Arizona laws for child custody prioritize the best interests of the child. Generally, for younger children, the court does not allow them to pick who they want to live with, as the children might not be mature enough to choose what is right for them. However, the court does consider the wishes of the child.  

Arizona law encourages both parents to create a mutually agreeable parenting plan where both parents have the opportunity to build a healthy relationship with the child. However, several factors can complicate such an arrangement, including relocation, incarceration, and domestic abuse. Once the court has rendered a verdict on the custody matter, both parents are legally obligated to comply with the terms and conditions of the order. 

It’s important to remember that physical custody is not the same thing as legal custody. While the same parent can be awarded both legal and physical custody, it can become a bit complicated if that is not the case. For example, the parent who has legal custody has the right to decide on important aspects of the child’s upbringing such as their religious affiliation and education. The parent with physical custody can decide on the child’s living arrangement including day-to-day care.

The Role of the Child’s Preference

If the child is deemed to be a suitable age to make decisions about their life, the court can give more weight to their preference in choosing who they want to live with. However, there is no specific age threshold outlined in Arizona law for child custody matters. 

If the child does not have a good relationship with one of the parents, then that could be a major factor that can influence the court’s decision. For example, if there is a history of substance abuse or physical abuse from the parent the child does not want to live with, then the court is more likely to agree to the child’s preference. 

The other parent must not engage in parental alienation, which refers to deliberate actions to manipulate the child’s preference. If a parent uses alienation tactics, they would undermine their claim to be granted child custody. 

Alternative Dispute Resolution for Child Custody 

Battling for child custody can be tough for the parents and the children. You can consider alternative distribution resolution to make it easier. For example, you can choose the mediation approach to find a mutually agreeable solution. Not only is this a cost-effective solution, but it also helps with confidentiality. You can also consider taking a collaborative approach where a team of professionals such as mental health experts and a divorce attorney can help you reach an agreement.

Get Expert Legal Guidance

Determining child custody can often get complex. Whatever approach you take, you should seek legal guidance from an experienced attorney. Consult with a family law attorney at the Law Office of Cosmas Onyia. Our Child Custody Lawyer Phoenix provide a comprehensive evaluation of your case and expert guidance on child custody matters.