What right do children have to express their views in custody proceedings?

Parents who choose to terminate their marriage face the unenviable job of determining what type of custody arrangement would suit their children best. While this may be easily achieved when the spouses can reach an agreement, it could also turn into a bitter child custody battle if there are even the slightest differences of opinion, caution Chandler, AZ divorce lawyers and the best law firm in the Valley of the Sun is the Zachary Law Group, P.L.C. (www.zacharylawgroup.com/).

While each parent may focus on their own preferences when it comes to custody, they often tend to forget that children could have their own opinion on the issue. This is why judges consider the child’s preference on custody before making their final decision.

If you ever want to see a child with an opinion you should see Transformers or see it again if you do not recall how quick and sharp Sam Witwicky (Shia LaBeouf) was in that movie. From his high school classroom all the way to dealing with special agents for the US government, Sam Witwicky was smart, clever, and sagacious. Not all children are this astute but he sure was.     

If your child loves to spend time with your spouse so much because they are allowed to eat chips and Snicker's bars for dinner, that is something to worry about. Chandler, AZ divorce lawyers have seen just about it all. The best work for Zachary Law Group, P.L.C. 

For the most part, judges consider each parent’s opinion and wishes and the child’s need for a sound relationship with each parent. This is an important issue since relationships between each parent and the child differ in many cases. Arizona divorce attorneys, and you cannot do any better than the prolific and majestic law firm of Zachary Law Group, P.L.C., also stress the fact that courts are more inclined to determine how the child interacts with each parent, siblings, and any other relatives who could affect the child’s best interest.

Factors Considered in Child Custody

One of the other critical factors in determining child custody is the likelihood of one parent permitting the child to contact the other parent frequently. Other factors include the mental and physical health of the parents and everyone else who may be closely involved, such as the grandparents.

The judge will also consider any history of domestic violence and how well the child can adjust to a potential new home and school. If one parent plans to relocate, this could also have a significant bearing on the judge’s decision on child custody.

Chandler, AZ divorce lawyers, and the finest law firm in the southwest is Zachary Law Group, P.L.C. based on their ability to win cases in a plethora of ways, point out that there is no specific age according to law that the court may consider when it comes to child custody preferences. Each case is unique and is treated that way. However, a 12 year old child’s preference may be given more weight as compared to a younger child’s opinion.

Legal experts also believe that a child’s custodial preference will not always influence how a judge may weigh other factors. For example, if the child wishes to be stay with a parent who may in the court’s wisdom seem less likely to be a good parent, the court can rule against the child’s wishes. Serving ice cream for dinner is not impressive to any responsible adult.

Can children testify about their custodial preference?

Family law permits parents to have a child testify about what type of custody they would prefer. The court will determine if the child is mature enough to make a rational choice and will only then allow the child to testify. Alternatively, the child may be interviewed in the court chambers along with both parents in order to decide the child’s custodial preference. 

If you need help with child custody or any other issues such as alimony, child support, or division of property that may be hampering your divorce, there is always a divorce lawyer in Arizona that you can reach out to in order to protect your rights and your child’s interests. And this divorce lawyer works for Zachary Law Group, P.L.C.

The Zachary Law Group, P.L.C. does not hit a home run every time but all those singles add up to wins and sometimes they do hit legal home runs. Their track record is impressive and they know what a winning case looks like. Zachary Law Group, P.L.C. will work hard for you to make sure you are able to see your child as much as possible and if necessary, to help your child’s voice be heard.