When parents go through a divorce, a question usually arises over where their children will live primarily. In Arizona, this is known as parenting time. Whether or not the parents come to an agreement on terms, a court will award parenting time based on an assessment of what is in the children’s best interest. That determination is made based on several factors, one of which may be an older child’s individual preference. 

An Arizona statute, A.R.S. § 25-403, lays out the factors that courts must consider in allocating parenting time. If the child is of "suitable age and maturity," their wishes may be taken into account. Courts will not only look at the child’s numerical age but also judge their emotional stability and capacity to make reasoned and informed choices. There is no specific age threshold in the statute, though generally, teenagers’ preferences are given more weight than those of younger children. A court will decide whether the child can articulate reasons for preferring one parent’s home and whether those reasons are genuine or are influenced by external factors like manipulation from either parent.

There are pros and cons to giving significant weight to the child's preference. As children grow older, they often develop stronger opinions about where they feel most comfortable. Considering their preferences shows respect for their autonomy. It also can give them a sense of control in a challenging situation, which may help reduce the reduce stress they are likely to feel during a divorce.

A child’s preference may not be reliable, however. Children might state wishes that are based on superficial or inappropriate reasons, such as which parent has fewer household rules or offers more material comforts. Worse, a child’s expressed wishes might be the result of parental alienation, whereby a child develops an unjustified fear or hostility toward one parent due to the other parent’s derogatory statements. Moreover, asking a child to choose between parents can put the child under emotional pressure, resulting in the child feeling guilty for betraying the other parent.

Parenting time allocation is a complex matter and is made more so by the sensitive task of eliciting a child’s preferences. An experienced child custody lawyer can help ensure that the child’s voice is heard in a ways that promotes their well-being while avoiding potential negative influences, such as manipulation or coercion. A skilled lawyer also can assist in developing a balanced parenting plan that fosters a healthy post-divorce family dynamic.

At Clark & Schloss in Scottsdale, Arizona, we provide our clients with compassionate guidance in working to achieve the most positive outcome for our clients in child custody matters. Feel free to call us at 602-789-3497 or contact us online for a free consultation.