If my son is 15 and says he wants to live with his dad in another state, how likely is the court to allow this?
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If my son is 15 and says he wants to live with his dad in another state, how likely is the court to allow this?
I had sole custody until 7 yers ago. Since then we have joint custody and I have always been the custodial parent. We went through the courts and they decided it was in his best interest to move let us move to another state with my husband and I. My son’s father’s lifestyle is questionable and he is not financially prepared nor has he ever had my son live with him longer than 45 days in the summer. My son travels 8 times per year to per court order now to visit his father.
Asked on June 18, 2012 under Family Law, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 12 years ago | Contributor
It is hard to tell by your question whether the underlying divorce/custoday case is in Arizona or in a state you left to move to Arizona. In Arizona, there is a statute (ARS Section 25-403) that requires a judge to determine what is in the child's best interest by considering all the relevant factors. Those factors include the wishes of the child as well as the wishes of the parents. There are 11 factors altogether. Assuming Father wants son to live with him and petitions to change the custody arrangement, and son wants the same thing, the judge will have to consider that, along with all those other factors.
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