Teenager Wants To Live With Non Custodial Parent: What Can You Do?
Let’s go over the legal options when your teenager(s) wishes to live with the non-custodial parent.
What Is Physical Custody?
Physical custody is known to many as “parenting time.” This is the custody type that decides which parent the child will live with for the majority of the time. Courts will typically grant this type of custody to both parents on a joint and equal basis absent any parental fitness issues.
If the court has already appointed a physical custody, then it’s possible the other parent gets legal custody. It is a parent’s right to make decisions regarding the child’s welfare, health, religion, and education even when the child is not living with said parent.
Can A Teenager Choose Their Custodial Parent?
There is no specific age where a child’s opinion becomes essential, but teenagers may be able to express themselves better due to their maturity and life experiences.
For example, the Arizona courts will allow a child’s custodial preference when he or she ultimately reaches a “sufficient age to form an intelligent preference.” Arizona courts call for no specific age to allow the child’s preferences to be heard, as judges make case-by-case judgements based on the situation presented.
How To Modify Custody Arrangements
Parents can make their own living arrangements based on the preference of their teenage child. These arrangements, however, are not enforceable, recognized by the Arizona courts, and the child support will not be altered, at this time. If both parents agree that this new living arrangement works best for all parties, they may want to contact a family law attorney to make the arrangement permanent.
One or both parents also have the right to file a petition to modify the current custody arrangement. In the majority of cases, an experienced attorney can make this process much easier. The attorney can help resolve any issues as a new plan is discussed. The petition to modify must be submitted and approved by a judge with the proper supporting documentation. The judge may issue a new order once the arrangement has been approved.
Source:
- “Arizona Child Custody Laws” Divorce Net Arizona Child Custody Laws | Custody & Visitation in Arizona | DivorceNet
Collaborative Divorce And Child Custody
Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.
Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
