In AZ what age does a child have to be to have a voice in the court system about custody modifiaction?
my son will be 12 in November and I want to modify the custody to joint... with his agreement.
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Custody is the decision making part of being a parent. It has nothing to do with the time that your son spends with each of his parents. As he is only twelve years old, the judge may not be willing to consider his wishes regarding Custody.
If on the other hand, you are trying to modify the Parenting Time, that is where your son primarily or equally resides, you can ask that he be interviewed by the court to discuss his wishes.
Although, the court is required to consider his wishes if considering a change in the Parenting Time, it is important to understand that the judge must rule based on the “best interests” of the child, so it should be made clear to all parties that it is not up to him where he lives.
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If on the other hand, you are trying to modify the Parenting Time, that is where your son primarily or equally resides, you can ask that he be interviewed by the court to discuss his wishes.
Although, the court is required to consider his wishes if considering a change in the Parenting Time, it is important to understand that the judge must rule based on the “best interests” of the child, so it should be made clear to all parties that it is not up to him where he lives.
IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.