The Question:
Me and my daughter’s father have a court order for him to have her on the weekends. At what age can she decide not to go?
RJ Says:
There is no such age in Arizona when a child simply gets to choose. However, the Judge IS required to consider the child’s desires, but this is only one factor of many. I often stress to my clients that we not only need to show the Judge what the child wants, but (perhaps more importantly) also what is happening at the other parent’s house, or between the parent and child, that is causing this opinion. It is true of course that an older child’s rational, mature opinion will carry significant weight.