Guardianship of Minor

questions & answers

Question: My children would like to stop seeing their biological father. Is this possible or at what age may they do so?

Answer: In cases regarding child custody, it is the duty of the court to make a decision based on what they believe to be in the best interests of the child.  According to Arizona Revised Statute 25-403 if a child is of suitable age and maturity, the court can take the wishes of the child into account when making a decision about custody.
Refusing to return to the parent that has legal custody or parenting time can create many problems.  
If a minor runs away from home or fails to obey a lawful order they may be prosecuted as an incorrigible child (A.R.S. § 8-201(15)(c)).  Some punishments for being found incorrigible include being fined, being put on probation, or being ordered to do community service.
It’s also possible that any adult, including the parent that the child stays with could face charges. Arizona Law (ARS §25-511) makes it a class 6 felony (imprisonment for 1 year and up to a $150,000 fine) if the parent of a minor child knowingly fails to furnish reasonable support for the parent's child. Another Arizona Law (ARS §13-3613) makes it a class 1 misdemeanor (up to 6 months in jail and a $2500 fine) for a parent to cause, encourage or contribute to the dependency or delinquency of a child.

For more information on what a court will consider when making child custody decisions, read the full text of Arizona Revised Statute 25-403: http://www.azleg.state.az.us/ars/25/00403.htm

Comments:

QUESTIONS

  • My children would like to stop seeing their biological father. Is this possible or at what age may they do so?

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS