If a child is of suitable age and maturity, the court will also consider his or her preferences when issuing a custody decision. The child must be able to form an intelligent preference on his or her living arrangements, meaning that he or she can provide a reasonable opinion on which parent he or she wants to live with.
For example, if a child bases his or her decision on the quality of toys in the home, the court will not consider this choice to be an intelligent preference. However, if a child tells the court that he or she has a stronger relationship with one parent, the court will likely take this information into consideration.
Ultimately, Arizona courts will issue child custody decisions based on whether or not the arrangement is in the child’s best interest. The child may provide an opinion, but the court does not have to accept it if they do not believe it would be in his or her best interest.
For a child, this can be devastating if they were under the impression that once they gave their opinion to the court it would be accepted. That is why no attorney should ever tell a child that making a statement will increase their chances of living with the parent of their choice. While making a statement to the court is a smart idea for children of certain ages, it does not always lead to the preferred outcome of the child. The Scottsdale child custody attorney at the Law Office of Karen A. Schoenau will be sure your child understands this and prepares them accordingly for their time in front of the judge.